Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court

The Delhi High Court has recently observed that an order for interim maintenance can be granted merely upon the satisfaction of the Court that the application by the wife prima facie disclosed the commission of domestic violence.“While the veracity of the case of the wife would be tested during the course of trial, interim relief can be granted merely upon the satisfaction that the application by the wife prima facie disclosed the commission of domestic violence,” Justice Amit Mahajan said. The Court observed that any woman who proves that she has suffered domestic violence at the hands of her spouse or partner is entitled for interim relief under the Domestic Violence Act. The observations were made while dealing with a wife's plea challenging an order modifying an MM Court order which directed the husband to bear the college fees of the younger son and pay a monthly sum of Rs. 25,000 to her. Vide the impugned order, the Appellate Court directed the parties to negotiate an arrangement whereby the wife was to give the property in her possession on rent to the husband. It was directed that the wife, instead of being dependent on the husband for maintenance, would become an independent person having her own independent source of income through rent.Setting aside the impugned order, the Court observed that an order of interim maintenance cannot be passed in a manner that would compel the wife to perform an act as a condition precedent to her entitlement to maintenance.“Consequently, the learned MM, noting the prima facie commission of domestic violence had directed the respondent to pay interim maintenance to the tune of ₹25,000/- to the petitioner,” the Court said. It added that the Appellate Court could not have obligated the parties to enter into an arrangement whereby the wife gave her property on rent to the husband. “The Court only had to decide the prima facie entitlement of the wife to the maintenance and its quantum. The only requirement for grant of interim relief under the DV Act is that the application by the wife ought to prima facie disclose the commission of domestic violence. The learned Appellate Court, therefore, in an appeal preferred against the order passed by the learned Magistrate, had only to pass an order in regard to the correctness or otherwise of the order challenged,” the Court said. It concluded that the aggrieved wife cannot be compelled to enter into a contractual arrangement whereby she is placed under an obligation to rent her property to the husband and have her own independent source of income through rent. “In the light of the foregoing discussion, the impugned order is set aside. This Court deems it expedient to restore the appeal filed by the respondent and remand the matter to the learned Appellate Court for hearing the appeal afresh,” it said. Title: X v. YCitation: 2025 LiveLaw (Del) 34Click here to read order

Interim Maintenance Order Can Be Granted Merely On Satisfaction That Wife's Application Prima Facie Discloses Domestic Violence: Delhi High Court

Nupur Thapliyal

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