In a notable decision, a Delhi court has declined to grant interim maintenance to a woman under the Protection of Women from Domestic Violence Act. Judicial Magistrate Geeta, presiding over the case, ruled that the petitioner, employed in a Union ministry and earning a monthly salary exceeding Rs 43,000, is capable of supporting herself financially.
The court’s ruling emphasized the often contentious nature of matrimonial disputes where parties may exaggerate claims to gain leverage. While acknowledging the moral responsibility of a husband to support his wife and children, the judge found that in this specific instance, the financial stability of the petitioner negated the need for interim maintenance.
The brief marital cohabitation, lasting only a few months, was also noted in the judgment. “In the considered opinion of the court, the petitioner is not entitled to the grant of interim maintenance as she is well-capable of maintaining herself,” stated the court order.
This judgment underscores the legal perspective that interim maintenance is not automatically granted under the Domestic Violence Act but is contingent upon the financial need and circumstances of the petitioner.
