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Ch 16. DV Act maintenance denied judgments

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Ch 16. DV Act maintenance denied judgments

Working wife, stopped work before filing DV case

Wife was making 50K p.m., resigned on her own giving lame excuses, maintenance denied to her

Use this judgment when several facts in your case are similar to following\

  1. Wife used to work earlier

  2. She stopped working and filed for maintenance under DV Act

  3. She hasn't given good reasons why she had stopped to work

Note: Husband will get even more benefit from this judgment if wife's job was high paying. Courts are not very happy if women who are earning high incomes stop work and claim maintenance without good reason on why they had stopped working.

Damanpreet Kaur vs Indermeet Juneja & Anr. - Delhi HC 2012

Important parts of judgment\

4. The relieving letter placed on record by the petitioner is dated 17.08.2010. As per this relieving letter the date of joining of the petitioner with Met Life was 07.01.2008 and her designation at the time of leaving the company was Assistant Manager (Service Delivery). She has been relieved pursuant to her resignation letter dated 17.06.2010. This letter is not accompanied by the resignation letter of the petitioner giving the reasons for her resignation or the policy of the company to shift her to Bangalore. It is relevant to mention here that while the date of joining of petitioner with Met Life Insurance is 07.01.2008, the petitioner has given birth to a female child on 18.09.2008 i.e. in the same year and despite having infant child to take care, she has served the company till she was relieved on 17.08.2010.

5. The contention of petitioner is that in order to comply with the order of the Court to allow the respondent to have visitation right she could not shift to Bangalore. There is nothing on record to indicate that at any point of time despite continuous litigation going on between the parties she had approached the Court for modification of the order regarding visitation right. If the petitioner of her own prefers to resign, she cannot take shelter under the Court order regarding visitation right. With the passage of time the child has grown up and is of school going age. Thus, it is more convenient for a working mother to be in the job then to sit at home.

6. The learned ASJ has rightly declined the interim monetary relief to the petitioner by holding that she was well educated lady earning Rs.50,000/- per month and had chosen not to work of her own will though had the capacity to work and find a suitable job for herself.

Wife qualified but non-working, maintenance denied

Wife qualified like husband (MBA), interim maintenance denied in PWDVA

Use this judgment when several facts in your case are similar to following\

  1. Wife has similar qualifications to yours, especially high qualifications like MBA, MBBS etc

  2. She claims to be not working, demands maintenance

  3. No children

  4. Husband can prove he lost job to deal with false cases filed by wife

Sanjay Bhardwaj vs State Delhi HC 2010

Important parts of judgment\

No law provides that a husband has to maintain a wife, living separately from him, irrespective of the fact whether he earns or not. Court cannot tell the husband that he should beg, borrow or steal but give maintenance to the wife, more so when the husband and wife are almost equally qualified and almost equally capable of earning and both of them claimed to be gainfully employed before marriage. If the husband was BSc. and Masters in Marketing Management from Pondicherry University, the wife was MA (English) & MBA. If the husband was working as a Manager abroad, the wife with MBA degree was also working in an MNC in India. Under these circumstances, fixing of maintenance by the Court without there being even a prima facie proof of the husband being employed in India and with clear proof of the fact that the passport of the husband was seized, he was not permitted to leave country, (the bail was given with a condition that he shall keep visiting Investigating Officer as and when called) is contrary to law and not warranted under provisions of Domestic Violence Act.

Qualified MBBS wife asked to do some work - Justice S N Dhingra, Delhi HC

Use this judgment when several facts in your case are similar to following\

  1. Wife has good qualification but not working

  2. She has got maintenance already in another case

  3. She applied for increase in maintenance amount

KAVITA PRASAD vs RAM ASHRAY PRASAD - Delhi HC 2008

Comment: it is not clear from judgment as to what was the other case, whether HMA 24 in which she was getting maintenance. Nevertheless, this can be a useful precedent to cite to make sure the wife cannot increase her maintenance amount for whatever reasons. Also, making her work honorary will frustrate her plans to sit at home and enjoy the maintenance amount and the litigation. She would probably think it's better to end litigation rather than spending full time on honorary work which doesn't pay her anything!

Important parts of judgment\

The petitioner who is an MBBS qualified Doctor and admittedly had been in practice before, claims
that she was sitting at home despite being a qualified Doctor and does not work. The petitioner
claimed maintenance against her husband who is in service. The Trial Court granted maintenance of
Rs.4,000/- per month. This petition is made against observation of the Trial Court that she was
working somewhere and earning around Rs.8,000 to 10,000/- PM and that the maintenance granted
by the Trial Court was made subject to adjustment of the maintenance being received by her under
Section 125. Since counsel for the petitioner states that petitioner is not working anywhere, despite
being a qualified Doctor, I consider that as she is receiving maintenance from husband, the Court
should not allow her experience and qualification to go waste. I consider that she should be directed
to work as a honorary Doctor in some public welfare institute or school free of charges where she can
take care of health of the poor people. Let her come to Court and give an undertaking that she was
prepared to work without charging anything in any institution named by this Court around her
house minimum 5 hours a day and 6 days a week, so long she receives maintenance from her
husband on the plea of being unemployed.

Domestic violence not proved, maintenance application dismissed

Domestic violence not proven, maintenance application dismissed

Use this judgment when several facts in your case are similar to following\

  1. Domestic violence allegations of wife were not proven

No monetary relief under Section 20 of DV Act (PWDVA) unless domestic violence proved - Mumbai HC 2014

Important parts of judgment\

10. In my considered opinion, the learned Magistrate had committed an error in granting monetary relief to respondent Nos. 2 and 3 despite the fact that domestic violence could not be established. Though it is possible to say that the maintenance was permissible for respondent Nos. 2 and 3 (minor children) under Section 125 of the Code of Criminal Procedure, the monetary reliefs could not have been given to them under Section 20 of the Protection of Women from Domestic Violence Act, 2005. The view taken by the learned Magistrate and the appellate Court, in my opinion, is not correct and hence, I pass the following order.

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