Wife Not Being Entitled To Maintenance Due To Concealment Of Income Doesn't Disentitle Her To Residence Order Under DV Act: Delhi High Court

The Delhi High Court has said that a wife not being entitled to monetary maintenance due to concealment of her income does not disentitle her to a residence order under the Domestic Violence Act.

Justice Swarana Kanta Sharma was dealing with a wife's plea challenging a trial court order which had rejected her plea and had set aside the direction granting interim maintenance to the her by the husband.

The wife had filed a complaint under Section 12 of the Domestic Violence Act alleging dowry-related harassment and verbal and emotional abuse. The Magistrate had initially granted ad‑interim maintenance of Rs. 30,000 per month and later fixed the same at Rs. 15,000 per month each for the wife and the minor son.

Later, appeals were filed by both sides before the sessions court. The wife sought enhancement, while the husband alleged concealment of her income.

Vide the impugned order, the Sessions Court upheld Rs. 15,000 monthly interim maintenance for the child but had set aside interim maintenance for the wife.

In appeal, Justice Sharma found no error or perversity in the concurrent finding of both courts below that the wife had concealed material facts and suppressed her true income.

The Court noted that she held an MBA degree, had prior work experience, and had been found to possess financial resources that were not disclosed by her.

However, the judge found merit in the wife's submission regarding her right to secure adequate residence.

The Court said that it was undisputed that after the parties vacated the rented premises, the wife and the minor child were residing at her brother's house and that she was not paying any rent and was residing there purely out of goodwill.

“The fact that the petitioner may not be entitled to monetary maintenance due to concealment of income does not, ipso facto, in the interregnum, disentitle her to a residence order under Section 19 of the PWDV Act,” the Court held.

Accordingly, the Court concluded that the wife was entitled to Rs. 10,000 monthly as expenses towards securing a rented accommodation for herself and the minor child, which shall be paid by the husband.

Further, the Court directed the Trial Court to expedite the trial by granting shorter dates and ensuring that evidence of both parties is concluded without unnecessary delay.

Title: SAHIBA SODHI v. THE STATE NCT OF DELHI & ANR

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