The High Court found that an appellate court had reduced the monthly maintenance payable from ₹1.2 lakhs to ₹25,000 per month without any reasoning, and despite rejecting a plea to stay the interim maintenance order.
The Bombay High Court recently overturned a decision by the appellate (sessions) court that had reduced the monthly interim maintenance amount a man was ordered to pay to his wife, who had entered a vegetative state due to a medical condition.
Initially, a trial court had directed the man to provide ₹1.2 lakhs per month as interim maintenance during legal proceedings initiated by the wife under the Protection of Women from Domestic Violence Act.
Subsequently, the sessions court, while refusing to stay the trial court’s order, lowered the interim maintenance to ₹25,000 per month on appeal.
Upon the challenge of this reduction before the High Court, Justice Sharmila Deshmukh set aside the appellate court’s decision. Consequently, the High Court restored the trial court’s directive for the man to pay ₹1.2 lakhs per month as interim maintenance to his wife.
The High Court emphasized that since the appellate court declined to stay the trial court’s order, it lacked justification to reduce the maintenance amount without providing adequate reasons to support its decision.
“The order of the Appellate Court is completely bereft of any findings or reasoning on the basis of which reduction has been directed apart from the fact that the Appellate Court could not have reduced the amount of maintenance once having rejected the Application for stay,” the High Court said.
The Court emphasized that despite acknowledging the urgent financial needs of the petitioner (wife) and the husband’s failure to deposit any interim maintenance funds, the appellate court still reduced the interim maintenance amount.
“The observations that there is not a single paisa deposited towards the interim maintenance and considering the overall facts and circumstances, the observations do not appear to be in consonance with the order which has been passed reducing the amount of maintenance,” the High Court said.
The case involves a married couple who had been living in the UK since their marriage in 2016. Allegedly, the wife suffered domestic violence at her husband’s hands. In 2017, she experienced a medical condition that left her in a vegetative state.
Eventually, the family decided to bring her back to India for better care and treatment, with the husband accompanying her.
According to the petitioner’s family, the husband had assured them he would send ₹1,50,000 per month for the wife’s medical expenses. However, this commitment was allegedly not fulfilled.
Consequently, she filed an application under the Protection of Women from Domestic Violence Act seeking maintenance under this legislation.
In July 2022, the trial court ordered the husband to pay ₹1,20,000 per month as interim maintenance and ₹1,00,000 per month in arrears.
The husband challenged this order in the appellate court (sessions court) and requested a stay on the trial court’s decision.
Although the appellate court denied the stay request, it reduced the interim maintenance from ₹1.2 lakhs to ₹25,000 per month.
Following this development, the High Court overturned the sessions court’s decision and directed that the trial of the domestic violence case be completed within three weeks from June 18.
“The Appellate Court … observed that respondent-husband has not deposited single paise in the Court towards interim maintenance. The error on part of the Appellate Court occurred when the Appellate Court reduced the amount of the maintenance from Rs.1,20,000/- to Rs. 25,000/- per month without any reasoning or finding in support of reduction … Once there is no stay which has been granted by the Appellate Court the order of the Trial Court dated 30th July 2022 is operational and petitioner is entitled to the interim maintenance of Rs.1,20,000/- per month,” the High Court reasoned.
