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Considering the husband’s income in the UK, the metropolitan magistrate awarded a monthly compensation of Rs. 120,000 to the wife. The husband challenged this order before the appellate court, which later reduced the amount to Rs. 25,000 without providing any reasons
The Bombay High Court has recently directed a husband to pay interim maintenance of Rs. 120,000 to his bedridden wife, originally awarded by the trial court but later reduced to Rs. 25,000 by the appellate court.
A single-judge bench of Justice Sharmila Deshmukh heard the appeal filed by the wife against the appellate court's order reducing the maintenance amount under the Domestic Violence Act.
The couple got married in 2016 and moved to the UK, where the husband was employed. Following allegations of domestic violence, the wife was admitted to a hospital in the UK and later discharged. Her family brought her back to Mumbai.
Subsequently, the wife filed an application under the Domestic Violence Act seeking maintenance from the husband.
Considering the husband’s income in the UK, the metropolitan magistrate awarded a monthly compensation of Rs. 120,000 to the wife. The husband challenged this order before the appellate court, which later reduced the amount to Rs. 25,000 without providing any reasons.
The high court, in its order, noted that the appellate court had not stayed the trial court's order and acknowledged that the petitioner needed immediate financial help.
The high court further recorded that since the appellate court had granted no stay, the trial court's order dated 30th July 2022 remained operational, entitling the petitioner to the interim maintenance of Rs. 120,000 per month.
The high court observed that the appellate court's order was completely bereft of any findings or reasoning justifying the reduction in the maintenance amount.
“Having once declined to exercise its discretionary power and stay the proceedings it was thereafter not open for the Appellate Court to review its own order and to reduce amount of maintenance from Rs.1,20,000/- to Rs.25,000/- per month. The order of the Appellate Code 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 court said.
Case title: ABC vs XYZ
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