A Delhi court has directed a man to pay Rs 16,500 monthly as interim maintenance to his estranged wife while dismissing his appeal that the woman, being well qualified, was not entitled to it.
The court passed the order while deciding the appeals filed by the estranged couple in which the husband had sought setting aside of the trial court order asking him to pay Rs 10,000 per month alimony whereas the wife sought enhancement of the amount.
Additional Sessions Judge Sanjay Bansal noted that the woman was unaware of interim maintenance of Rs 16,500 also awarded in her favour by another court under the Hindu Marriage Act (HMA).
"If two forums have passed order of maintenance in favour of the wife, it is settled law that the higher amount will prevail and lesser amount will get adjusted," the judge said.
The wife had filed a petition under the Protection of Women from Domestic Violence (PWDV) Act alleging that she was subjected to domestic violence and sought interim relief including maintenance for herself.
The husband, a Noida resident, had denied the allegations regarding domestic violence and claimed that since his wife was well qualified and was earlier working, she was capable of maintaining herself and was not entitled for any maintenance.
He pointed out that in divorce proceedings, an order was already passed in favour of the wife under HMA granting her Rs 16,500 per month as interim maintenance and in view of this, she was not entitled to any further maintenance.
The court, however, said it was an admitted fact that HMA proceedings were lying adjourned sine die when the order was passed by the magistrate and therefore, it cannot be said that wife could not seek any maintenance under PWDV Act.
"Since at that time husband was not paying any amount to wife, she could legally claim for the same under PWDV Act.
"On the date of passing of impugned order, proceedings of HMA were adjourned sine die or at least wife was not aware of the revival of those proceedings. She is yet to be served with the notice of revival of those proceedings. Thus the wife could legally seek interim maintenance," the court said.
"In my view even this relief cannot be granted to the husband. High Court of Delhi has already upheld right of wife to the tune of Rs 16,500 per month as interim maintenance. Therefore, this court cannot reduce the said amount," the judge said.
The court dismissed the husband's appeal and allowed his wife's plea by increasing interim maintenance to Rs 16,500.
It also made it clear that for further enhancement of amount of interim maintenance on ground of increase in salary of the husband, the wife has to approach the trial court.
