Aurangabad Bench finds substantial independent income of wife negates her claim for maintenance under Domestic Violence Act; Child support of Rs. 10,000 per month maintained.
In a significant ruling, the Bombay High Court's Aurangabad Bench has set aside the maintenance awarded to a wife under the Protection of Women from Domestic Violence Act, 2005, citing her substantial independent income as a government-employed medical officer. The court, however, upheld the child support of Rs. 10,000 per month, which the husband agreed to continue providing.
The case, "Deepak Gangadhar Dadge v. Sou. Vijaya and Others," involved a revision petition filed by Deepak Gangadhar Dadge challenging the maintenance order passed by the Judicial Magistrate, First Class, Udgir, and subsequently upheld by the Additional Sessions Judge, Udgir. The petitioner contended that his wife, Sou. Vijaya, had a gross salary of Rs. 1,38,192 per month, along with house rent allowance, and was thus capable of maintaining herself.
Justice Abhay S. Waghwase, presiding over the case, noted that the wife was not only a qualified medical professional with substantial earnings but also owned her own shelter and vehicle. The court emphasized that the purpose of maintenance is to ensure a life of dignity and self-sufficiency, which the wife was already capable of achieving with her current income.
The court referenced the Supreme Court's guidelines in "Rajnesh v. Neha," which state that while an earning wife is not outright barred from receiving maintenance, the court must consider whether her income is sufficient to maintain her in accordance with the lifestyle she was accustomed to during the marriage. Given the wife's financial independence and assets, the court found no justification for the maintenance award.
The judgment also highlighted the limited scope of revisional jurisdiction under Section 397 of the Criminal Procedure Code, 1973, emphasizing that it should only be invoked in cases of palpable error or arbitrary judicial discretion.
In conclusion, the court partially allowed the revision application, setting aside the maintenance awarded to the wife, while maintaining the child support order. This decision underscores the importance of assessing the financial capabilities of both parties in maintenance disputes, ensuring that the legal provisions serve their intended purpose of justice and equity.
Bottom Line:
Maintenance under the Protection of Women from Domestic Violence Act - Wife with substantial independent income, capable of maintaining herself, cannot claim maintenance from her husband.
Statutory provision(s): Protection of Women From Domestic Violence Act, 2005 Sections 12 and 20, Criminal Procedure Code, 1973 Section 397.
Deepak Gangadhar Dadge v. Sou. Vijaya, (Bombay)(Aurangabad Bench) : Law Finder Doc id # 2840023
