Court affirms lower court's decision to grant Rs. 40,000 monthly to wife, dismissing both enhancement and reduction appeals.
In a recent judgment, the Rajasthan High Court, presided by Justice Farjand Ali, has upheld the interim maintenance order of Rs. 40,000 per month in favor of Ambika Jain, granted under Section 23 of the Protection of Women from Domestic Violence Act, 2005. The decision comes after both parties, Divik Ostwal and Ambika Jain, filed separate revision petitions challenging the maintenance amount. Ostwal sought a reduction or annulment of the maintenance, while Jain pursued an enhancement of the awarded sum.
The court reiterated the discretionary nature of interim maintenance, emphasizing its purpose to alleviate immediate financial hardship during the pendency of proceedings rather than being a final determination of entitlement or quantum. Justice Ali noted that the discretion exercised by the lower courts was judicial, based on a prima facie evaluation of the parties' pleadings, income affidavits, and material evidence.
The case stems from a matrimonial discord between Ostwal and Jain, who married in 2011 and have a daughter. Following their separation in 2021, Jain filed for interim maintenance, citing economic hardship and health issues. The initial ruling by the Additional Chief Judicial Magistrate, which was upheld by the Appellate Court, granted her Rs. 40,000 per month from the application date, 15th February 2022.
Ostwal's counsel argued that Jain left the matrimonial home voluntarily and that her claims of cruelty and dowry demands were exaggerated. They also contended that Ostwal's income had been inflated and that the maintenance imposed an unreasonable burden on him, especially since he was already supporting their minor daughter. Conversely, Jain's counsel highlighted her lack of income, medical conditions, and Ostwal's substantial earning capacity, arguing for increased maintenance.
In its judgment, the High Court clarified that interim maintenance is meant to provide subsistence and dignity during litigation and is not indicative of a final entitlement. The court refused to interfere with the lower courts' decision, emphasizing the absence of any legal infirmity or manifest injustice in their rulings.
The High Court directed the Trial Court to expedite the resolution of the main application under Section 12 of the Domestic Violence Act, aiming for a conclusion within six months. The judgment underlines the limited scope of interim maintenance, intended as a provisional measure rather than a final adjudication.
Bottom Line:
Interim maintenance under Section 23 of the Protection of Women from Domestic Violence Act, 2005 is discretionary, tentative, and intended to prevent immediate financial hardship during the pendency of proceedings.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005, Section 23, Bharatiya Nagarik Suraksha Sanhita, 2023, Sections 438 and 442.
Divik Ostwal v. Ambika Jain, (Rajasthan) : Law Finder Doc id # 2850773
