Court affirms Rs. 10,000 monthly maintenance and Rs. 5,000 rental accommodation for wife alleging domestic violence, despite claims of earlier marriage.
The Himachal Pradesh High Court, presided over by Justice Sandeep Sharma, has upheld the decision of the Sessions Judge, Una, granting maintenance and rental accommodation to Pooja Devi, the respondent in a case of domestic violence against her husband, Jatinpreet Singh. This judgment affirms the wife's entitlement to Rs. 10,000 per month for maintenance and Rs. 5,000 for rental accommodation, despite allegations from the petitioner-husband regarding her previous marriage.
The case, filed under the Protection of Women from Domestic Violence Act, 2005, revolves around claims of domestic violence and dowry harassment by Pooja Devi against her husband and in-laws. The petitioner, Jatinpreet Singh, contested the maintenance order, arguing that Pooja Devi was already married to another man, Pradeep Kumar, at the time of their marriage, rendering her ineligible for maintenance.
However, the court found that the marriage between Jatinpreet Singh and Pooja Devi had been admitted by both parties and their respective families, and there was no legal annulment or declaration of nullity concerning their union. Consequently, Pooja Devi remains the legally wedded wife of the petitioner, making her eligible for maintenance under the Domestic Violence Act.
Justice Sharma emphasized that the allegations of a previous marriage with Pradeep Kumar did not hold weight in the absence of concrete evidence. Moreover, the court acknowledged the substantial evidence of domestic violence, including physical and mental abuse, that Pooja Devi had faced at the hands of her husband and in-laws.
The judgment further highlights the court's obligation to consider inflation and the reasonable sustenance needs of the wife. The court noted that Rs. 10,000 might not be adequate for Pooja Devi's sustenance, given the current economic conditions. It underscored the husband's legal obligation to provide sufficient financial support for his wife's household activities.
In light of these findings, the Himachal Pradesh High Court dismissed the petition filed by Jatinpreet Singh, thereby affirming the decision of the Sessions Judge, Una. The judgment reiterates the legal framework protecting women from domestic violence and underscores the importance of maintenance rights irrespective of unproven claims regarding marital history.
Bottom Line:
Protection of Women from Domestic Violence Act, 2005 - A wife is entitled to maintenance and rental accommodation even if there are allegations of an earlier marriage, provided the marital relationship with the petitioner is admitted and there is no valid declaration of nullity or annulment of marriage by a competent court.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 - Sections 12, 29; Constitution of India - Article 227
Jatinpreet Singh v. Pooja Devi, (Himachal Pradesh) : Law Finder Doc id # 2879904
