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 such support 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 orders from both the magistrate and sessions court directing him to provide interim maintenance 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, emphasizing that disputed facts can only be resolved during the trial when evidence is presented.
The Delhi High Court clarified that when issuing interim orders, the court must form a prima facie opinion based on the available material. It also noted that interim maintenance under the Domestic Violence Act cannot be halted solely based on unproven allegations of illicit relationships.
The court referenced photographs submitted by the husband, which purportedly showed the wife in compromising positions with another man. However, it stated that the authenticity and credibility of these images could only be assessed during the trial.
Justice Sharma remarked that these photographs have not yet been proven in accordance with the law, and decisions regarding them can only be made after the parties present their evidence.
The High Court distinguished between Section 125 of the Criminal Procedure Code (CrPC) and the Domestic Violence Act. It pointed out that while Section 125(4) explicitly states that a wife involved in adultery is not entitled to maintenance, the Domestic Violence Act does not contain such a clear provision that denies relief based solely on allegations of infidelity.
The court acknowledged that any evidence related to the wife’s conduct, including allegations of infidelity, could be significant, but decisions on such matters must await the presentation of evidence.
The High Court recognized that the domestic relationship between the couple 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 indicated 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 instructed the trial court to expedite the hearing of the domestic violence petition, aiming for a decision within one year.
The court also clarified that if the trial court ultimately finds the wife ineligible for maintenance due to infidelity, she must return the entire interim amount with an annual interest of 6%.
Additionally, the Delhi High Court directed the wife to file an affidavit in the trial court, pledging to return the full amount, including interest, if she is found ineligible for maintenance in the final ruling.