Prima Facie Case of Domestic Violence to be made out for Grant of Interim Maintenance

0
1472
A man and woman building a stack of bills

July 19, 2018

Case name: Ashmin Kashmiri v. Pushkar Kashmiri

In this case, the High Court of Himachal Pradesh has ruled that for grant of interim maintenance under the Domestic Violence Act, the existence of instances of domestic violence is required to be made out.

Also read All you Need to Know about Domestic Violence Act: Law and Judgments

In the case, the Petitioner wife had lodged complaint under the provisions of Protection of Women from Domestic Violence Act, whereby the maintenance to the complainant and the minor children @ `30,000/- per month was granted by the Chief Judicial Magistrate.

Aggrieved by the aforesaid, the respondent appealed before the Sessions Judge. The Sessions Judge allowed the husband’s appeal observing that in a case of domestic violence in order to seek the relief of interim maintenance under Section 23 of the Act, a prima-facie case qua maltreatment and existence of the instances of domestic violence is required to be made out

Resultantly, the instant petition was filed by the Petitioner wife.

The High Court of Himachal Pradesh upheld the Session Judge’s order holding that in a case of domestic violence in order to seek the relief of interim maintenance under Section 23 of the Domestic Violence Act, a prima-facie case qua maltreatment and existence of the instances of domestic violence is required to be made out.

The entire case can be accessed here.