38.6c New Delhi, India, Wednesday, April 17, 2024

Domestic Violence: Qualification And The Capacity To Earn Cannot Be A Ground To Deny Interim Maintenance To Wife: Delhi HC [Read Judgment]

By LawStreet News Network      26 August, 2019 05:00 PM      0 Comments
Domestic Violence: Qualification And The Capacity To Earn Cannot Be A Ground To Deny Interim Maintenance To Wife: Delhi HC [Read Judgment]

The Delhi High Court on August 9, 2019, in the case of Binita Dass v. Uttam Kumar has held that the Magistrate cannot deny interim maintenance to wife only because she has earning capacity or is a qualified person.

A Bench of Justice Sanjeev Sachdeva was hearing an appeal filed by the petitioner being aggrieved by the decision of the Trial Court and the Appellate Court.

In this case, the petitioner had filed an application under Protection of Women from Domestic Violence Act, 2005 and along with the application had filed an interim application under Section 23 seeking interim maintenance. The said application was rejected by the Trial Court solely on the ground that the petitioner and respondent are equally qualified and petitioner was previously employed and has not disclosed any cogent explanation or disability on her part so as to disable her to earn her living.

Subsequently, the Appellate Court also dismissed the appeal on the ground that the petitioner was earlier working in a private company and has the capacity to work and with earnest efforts she shall be able to search a suitable job for herself.

When the matter reached the Delhi High Court, the court placed reliance on its decision in Kanupriya Sharma v. State & Anr, and observed: "Clearly both the Trial Court as well as the Appellate Court have erred in not appreciating the judgments of this Court wherein it has specifically been held that capacity to earn and actually earning are two different things.”

The High Court held that "It is not the case of the respondent, that petitioner is actually employed or earning. The only ground taken is that she is qualified and capable of earning.......... Qualification of the wife and the capacity to earn cannot be a ground to deny interim maintenance to a wife who is dependant and does not have any source of income.”

[Read Judgment]

Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
To uphold presumption of guilt under Section 29 POCSO Act, foundational facts must be proved, reiterates Delhi HC [Read Judgment]

Delhi High Court reiterates that to uphold the presumption of guilt under Section 29 of the POCSO Act, the prosecution must prove the ‘foundational facts’ beyond reasonable doubt.

16 April, 2024 12:54 PM
Trending Judiciary
Baba Ramdev, Acharya Balkrishna offer to make public apology in SC for misleading advertisements

Baba Ramdev and Acharya Balkrishna offer public apology in SC for misleading ads, court deliberates acceptance.

16 April, 2024 01:57 PM


Trending Business
SC sets aside judgment upholding arbitral award against DMRC [Read Judgment]

Supreme Court overturns arbitral award favoring Reliance Infrastructure subsidiary against DMRC, citing grave miscarriage of justice.

11 April, 2024 11:43 AM
Trending Political NEWS
Delhi HC rejects third plea for Arvind Kejriwal's removal as Delhi CM, blasts petitioner for abuse of judicial process [Read Judgment]

Delhi High Court dismisses the third PIL plea before it seeking Aam Aadmi Party leader Arvind Kejriwal’s removal as Chief Minister of Delhi, imposes Rs. 50,000 cost on petitioner.

11 April, 2024 03:29 PM
Trending Judiciary
Use of social media to interfere with administration of justice needs serious consideration: SC [Read Judgment]

Supreme Court warns against social media misuse in legal matters, cautions against prejudicial posts interfering with justice.

11 April, 2024 05:44 PM
Trending Legal Insiders
Two-day conference on April 13-14 on Technology and Dialogue between SC and Singapore

Explore AI's role in law at the India-Singapore Supreme Court conference on technology, enhancing judicial processes and access to justice, April 13-14, 2024.

12 April, 2024 06:16 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email