A single judge of Madras High Court held as follows,
From Paras 5 and 6,
5 A careful perusal of the order passed by both the Courts below reveal that the learned Magistrate, based on the evidence and the materials, found that the respondent/wife has not proved the domestic violence caused by the petitioner/husband, however awarded Rs.3000/- as maintenance to the child. The learned II Additional District and Sessions Judge, Chidambaram, in the appeal filed by the respondent/wife even though confirmed the findings of the learned Magistrate, enhanced the maintenance to Rs.5000/- without even giving any specific reason or findings.
6 It is settled proposition of law that the wife is entitled to get maintenance, if she is unable to maintain herself, invoking Section 125 Cr.P.C. and during pendency of the divorce petition also she can claim interim maintenance or she can claim permanent alimony under Section 25 of the Hindu Marriage Act, 1955. Leaving all the above, if the wife seeks maintenance under the Act, it is the duty of the wife to prove the domestic violence caused by the husband, whereas in this case, the Magistrate given a finding that there is no domestic violence and the learned II Additional District and Sessions Judge, Chidambaram, even though confirmed the findings of the learned Magistrate, without giving any valid reason or findings, enhanced the maintenance. The wife has not even filed any revision or cross objections against the adverse findings made by both the Courts below against her.
S Anandanatesan Vs P Hemalatha on 23 Nov 2022
Index of DV cases is here.
Shades of Knife
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