The Delhi High Court held that interim rent maintenance under the DV Act cannot continue after the wife acquires her own residence.
The Court observed that the purpose of rent is to provide immediate shelter. Once the wife purchases a house, that need ends. Therefore, continuation of rent becomes unjust enrichment.Further, the Court recognised that change in circumstances under Section 25 DV Act (now read with BNSS framework) permits modification of earlier orders.
Accordingly, the Court set aside the order allowing adjustment of rent towards EMI payments.
The following paragraphs form the core reasoning of the decision:
“26. It needs no reiteration that the Domestic Violence Act had been enacted with the intention of providing immediate relief and support to a wife who has been subjected to domestic violence. The legislative intent behind the D.V. Act is to provide succour to women who are financially vulnerable and subjected to domestic violence. However, the said provision cannot be stretched to benefit a woman who is financially independent and capable of maintaining herself.”
“29. No doubt, the Interim Order directed payment of Rent of Rs.20,000/- per month. However, here is a situation when the Petitioner is claiming change of circumstances and thus, modification of this Order in terms of Section 25(2) D.V. Act which provides that in case of change of circumstances the Order may be recalled, modified or altered.”
“30. In the present case, indeed there is a change in circumstance as a flat has been admittedly acquired by Respondent No.2. The question is whether she should now continue to get Rs.20,000/- per month towards Rent.”
“31. As already noted, the purpose of granting maintenance under the D.V. Act was to provide the Respondent with alternate accommodation. However, she having acquired a flat in Hauz Khas, Delhi, she cannot be held to be in need of immediate shelter. Therefore, it would not be appropriate, fair, or just to direct that the maintenance of Rs.20,000/- per month be continued, as has been rightly argued by the Petitioner. Once a flat has been acquired by the Respondent, there remains no justification to direct continuation of payment of Rs.20,000/- per month by the Petitioner.”
“32. The very substratum upon which the maintenance was granted, has ceased to exist with the acquisition of the property. To permit the continuation of such payment, would be to allow the Respondent undue benefit, which is contrary to the purpose of interim relief under the D.V. Act.”
Decision
The Court thus allowed the revision petition. It set aside the order that permitted rent adjustment towards EMI payments. It held that rent maintenance cannot continue after property acquisition.
The Court directed that payment of ₹20,000 per month shall stop from May 2024.
Index of Maintenance Judgments under Hindu Marriage Act is here.
Citation : 2025:DHC:9719
Other Sources :
Related Legal Concepts
- Interim Maintenance under DV act
- Change in circumstances in maintenance law
- Rent Vs EMI-legal distinction
- Purpose of Interim Relief in DV Act
Key Contributor :
Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.
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