Del HC | Interim maintenance to wife and minor child can be awarded under Domestic Violence Act on basis of ‘notional income’ of husband

Delhi High Court: The Bench of R.K. Gauba, J. dismissed a husband’s petition filed against the order of Metropolitan Magistrate as confirmed by Additional Sessions Judge whereby he was directed to pay interim maintenance allowance of Rs 3500 to his wife and Rs 2000 for his minor daughter.

The parties were married to each other and a daughter was born to them from the wedlock. On account of certain circumstances, the wife left the matrimonial home along with the daughter. Subsequently, she filed a petition under Section 12 of the Protection of Women and Domestic Violence Act, 2005. On her application, the Metropolitan Magistrate directed the husband to pay the interim maintenance allowance as mentioned above. The husband challenged the order in an appeal which was dismissed by Additional Sessions Judge, Aggrieved thereby, he filed the present petition under Section 482 CrPC.

S.C. Singhal, Advocate for the husband submitted that he was unemployed and therefore unable to pay the allowance. It was also submitted that the wife was gainfully employed in a beauty parlour for the proof of which certain photographs were produced.

The High Court held that mere photographs showing the wife’s presence in a parlour were not sufficient to prove that she had a regular income sufficient to maintain herself and the minor daughter, Furthermore, the husband made a cursory statement that he was unemployed, but did not disclose as to how he had been surviving all along. The Court was of the view that he was concealing facts and intentionally withholding information about his income. In such a situation, the Court approved the course adopted by Metropolitan Magistrate as per which he assumed husband’s income notionally on the basis of minimum wages and passed the order of interim maintenance. Resultantly the petition was dismissed. [Khem Chand v. Bhagwati, Crl. MC 812 of 2016, Order dated 22-01-2019]

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