The Delhi High Court has upheld an order granting Rs 26,000 per month as interim maintenance to a woman under the Protection of Women from Domestic Violence Act. The court dismissed a petition by the husband challenging the maintenance orders, emphasizing that unproven allegations of adultery cannot be a basis to deny relief at the interim stage.
Justice Swarana Kanta Sharma rejected the husband’s argument that the wife’s alleged adultery should disqualify her from receiving maintenance. The court stated that such disputed matters should be resolved with evidence during trial and that interim maintenance cannot be refused based solely on unproven allegations.
The court acknowledged the husband’s submission of photographs purportedly showing the wife in compromising situations but clarified that their authenticity could only be determined during trial proceedings. It highlighted the distinction between provisions of the CrPC and the PWDV Act regarding maintenance in cases of alleged adultery.
The court recognized the wife as an “aggrieved person” under the PWDV Act, considering the documented domestic abuse allegations. Justice Sharma noted that the allegations of various forms of abuse fell within the scope of domestic violence as defined by the Act.
In its ruling, the Delhi High Court directed the trial court to expedite the domestic violence case, aiming for a resolution within a year. It specified that if the wife is ultimately found ineligible for maintenance due to adultery, she must refund the interim maintenance amount with interest.
