The intent of the provision of interim maintenance under the Protection of Women from Domestic Violence Act empowers the court to pass such directions as it deems just and proper, said a court here while quashing an appeal against the grant of interim maintenance to a woman.
A magisterial court granted the interim maintenance to the woman and her minor child in March this year.
Additional Sessions Judge Vishal Pahuja was hearing the husband’s appeal assailing the magistrate’s order, claiming he was earning Rs 12,500 per month, of which the magisterial court granted Rs 3,000 each to his wife and minor child.
The appellant said that the grant of 50 per cent of his income was against the principles of natural justice.
“The intent of the provision of interim maintenance (is) that (it) empowers the court to pass such interim orders as it deems just and proper. The monetary relief is provided to save the aggrieved person from financial crises due to domestic violence and to sustain herself,” ASJ Pahuja said in an order passed last week.
“The appellant is the husband who has a duty to maintain his wife and child, so his income has to be divided between him and his wife and minor child which is aptly done in this case,” he added.
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The sessions court also agreed with the magistrate’s finding that the husband was earning more than Rs 12,500 per month.
It said even otherwise it was not a final order and the magisterial court had merely granted interim maintenance, which was applicable till the case was disposed of.
“This court does not find any merits in this argument put forth by the counsel for the appellant, (which) thus, stands rejected,” the court said, adding that “present appeal stands dismissed being devoid of merits”.
