New Delhi, February 5: The Delhi High Court has refused to intervene in a ruling that grants a woman interim maintenance of ₹26,000 per month under the Domestic Violence Act. The court stated that maintenance cannot be denied based solely on unproven allegations of infidelity.
Justice Swarna Kanta Sharma dismissed a criminal revision petition filed by the husband, who challenged the orders from both the magistrate and sessions court that mandated him to provide interim support to his estranged wife.
The husband argued that his wife was allegedly involved in an extramarital affair, and therefore, should not receive maintenance. The court rejected this argument, asserting that such disputed facts can only be determined during the trial when evidence is presented.
The Delhi High Court emphasized that when issuing interim orders, the court must form a prima facie opinion based on the material available on record. It also clarified that interim maintenance under the Domestic Violence Act cannot be halted solely based on unproven allegations of illicit relationships.
The court referred to photographs submitted by the husband, which purportedly showed the wife in compromising situations with another man. However, it stated that the authenticity and credibility of these images could only be verified during the trial.
Justice Sharma remarked that these photographs have not yet been proven under the law, and decisions regarding them can only be made after evidence is presented by both parties.
The High Court distinguished between Section 125 of the Criminal Procedure Code (CrPC) and the Domestic Violence Act. It noted that while CrPC Section 125(4) explicitly states that a wife engaged in infidelity is not entitled to maintenance, the Domestic Violence Act lacks such a clear provision that would deny relief to a woman based solely on infidelity allegations.
The court acknowledged that any evidence related to the wife’s conduct, including accusations of infidelity, could be significant, but a decision on this matter must await the presentation of evidence.
The High Court recognized that the domestic relationship between the parties is not in dispute. It also noted that the wife has made extensive allegations of physical, sexual, mental, verbal, and economic abuse during the marriage.
The court stated that repeated humiliation, denial of financial support, verbal abuse, and character assassination fall within the definition of domestic violence. A domestic incident report filed by a security officer also provided prima facie support for the wife’s case.
However, while dismissing the petition, the High Court directed the trial court to expedite the resolution of the domestic violence petition, aiming for a decision within one year.
The court clarified that if the trial court ultimately finds that the wife is not entitled to maintenance due to infidelity, she must return the entire interim amount received, with 6% annual interest.
Additionally, the Delhi High Court instructed the wife to file an affidavit in the trial court, pledging to return the full amount with interest if she is deemed ineligible for maintenance in the final ruling.
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