Protection of Women from Domestic Violence Act, 2005 – ss.2(f),2(q), 2(s), 12 – Award of maintenance – Complainant-first respondent case that she resided with her husband at a house which constituted ancestral Hindu Joint family property – The appellant and her husband were brothers, who jointly carried on a business – After the death of her husband, she was not permitted to reside in her matrimonial home – Complainant sought maintenance for herself and her minor child under the Act – Trial Court directed interim award of maintenance against the appellant who was carrying on the business together with the deceased spouse of the complainant – This order was confirmed by the First appellate Court – Further, this view was affirmed by the High Court – On appeal, held: Sufficient averments in the complaint to sustain the order for award of interim maintenance – Whether the requirements of ss.2(f), 2(q), 2(s) are fulfilled is a matter of evidence which would be adjudicated upon the trial – At this stage, for the purpose of an interim order for maintenance, there was material which justified the issuance of a direction in regard to the payment of maintenance.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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