The Delhi High Court holds that even if there is a finding of cruelty against the wife, it cannot by itself be a ground for denying maintenance under the Domestic Violence Act.

The High Court of Delhi has allowed a revision petition filed by the wife against the order of the Sessions Court, which had overruled the orders of the Magistrate granting relief to the wife on a petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and directed the respondent (Husband) to pay a sum of Rs.1,00,000/- per month towards maintenance as well as compensation under Section 22 of the DV Act to the Wife. The Court held that the findings of cruelty against the Wife in the divorce proceedings, by itself cannot be the basis to deny maintenance to the Wife under the provisions of the Domestic Violence Act.
 
The High Court held thus:
 
“The Appellate Court should have been conscious of the fact that in the present case, the complaint under the DV Act, was filed by the Wife as far back in 2009 and by the time the impugned judgment of remand was passed by the Appellate Court, it was already 2019. For a period of ten years, the Wife did not get any maintenance other than the sum of Rs.10,00,000/- that was paid by the Husband in terms of the order dated 18th July, 2018, passed by this Court in CRL.REV.P. No.22/2018 filed by the Husband. Therefore, even if the Appellate Court remands the matter to the Trial Court, it should have fixed an interim amount to be paid by the Husband to the Wife.

Keeping in view the income of the parties and the judgment of the Supreme Court in Kulbhushan Kumar v. Raj Kumar, (1970) 3 SCC 129, which was reaffirmed in the judgment of the Supreme Court in Kalyan Dey Chowdhury v. Rita Dey Chowdhury Nee Nandy, (2017) 14 SCC 200, I am of the view that it would be just and proper that twenty-five percent of the net income of the Husband be granted to the Wife as interim maintenance. Accordingly, it is directed that the Husband shall pay a sum of Rs.50,000/- per month to the Wife as interim maintenance from 16th December, 2009, when the complaint under the DV Act was filed till 1st November, 2019, when the impugned judgment was passed by the Appellate Court. The sum of Rs.10,00,000/- already paid by the Husband to the Wife pursuant to the orders of this Court shall be deducted from the aforesaid amount.”

 A vs. B