News By/Courtesy: Ayush Sharma | 08 Jun 2019 18:25pm IST

HIGHLIGHTS

  • The Delhi HC has specified that whether the wife was actually earning or was qualified and capable of earning were two different things
  • The Court has set aside the order of the lower court withdrawing maintenance being paid to a woman by her estranged husband
  • Granting maintenance under the DV Act is not dependent upon the expression that 'she is unable to maintain herself'

The Delhi High Court on broadening the welfare scope of the Domestic Violence Act said that the mere fact that a woman is capable of earning is not a ground for not providing her maintenance. The Delhi High Court held that in the case in which the Wife’s working status is disputed, the court cannot assume that just because she is well educated or employed prior to the marriage, she would be gainfully employed again. It was noticed by Justice Sanjeev Sachdeva that granting the maintenance under the protective umbrella of the Domestic Violence Act is not dependent upon the expression that she is unable to maintain herself, as is found in Crpc Section 125 which also deals with the provision of maintenance.

The petition was filed by a woman in the Delhi High Court, challenging the order of the lower court that she was denied the maintenance of Rs. 16,500 per month on the grounds that she was duly educated, qualified and gainfully employed. According to her petition, she got married to her husband on 14th February 2015. Later the wife alleged that she was harassed and was subjected to cruelty by her in-laws who were dissatisfied with the dowry.

The High Court directed the husband to pay the sum of 16,500 per month to the petitioner from the date of filing the maintenance application on May 3, 2017. And also directed him to clear the entire maintenance arrears within the time period of four weeks. It was also observed the according to section 20(2) of the act, monetary relief granted has to be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person was accustomed.

Section Editor: Puja Jakhar | 08 Jun 2019 18:32pm IST


Tags : #DelhiHC #Maintenance #DVAct #MaintenanceDVAct #DelhiHighCourt

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