Good order from Hon’ble Bombay High Court in regards to granting maintenance to a knife under section 20 of PWDV Act, who did not even aver in the compliant that there was any domestic violence at all which would not make her a ‘Aggrieved Person’.
The maintenance of Rs.2 lakhs per month granted by Family court is set aside by the high court and an interim maintenance of Rs.25,000/- was issued from date of order till the Family Court decides the matter.
Few highlights from Judgment given below.
She would submit that the application is devoid of such pleadings attributing domestic violence and thus in absence of domestic violence being attributed and demonstrated, an application under Section 12 cannot be entertained and no relief can be granted under Section 20 of the said Act in the nature of the monetary relief.
The Family Court has also perused the bank statement of the wife and has recorded that there are various deposits to her account and the Court has found the explanation offered by the wife that her mother is carrying out the business of stock broking from her account to be evasive.
During the pendency of the proceedings before the Family Court on its remand, the petitioner-husband would pay an amount of Rs.25,000/-per month to the wife towards her maintenance, till the Family Court decides the mater.
Prakash Kumar Singhee Vs Amrapali Singhee on 4 May 2018
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