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SC orders husband to pay maintenance in-spite of wife being well educated in a case of Domestic Violence

Report By Shivani Baddi | Christ College Student Bengaluru | Last Updated at May 16 2019

Jaipur: A bench of Justice Khanwilkar and Justice Rastogi has passed an order in a case titled as Megha Khandelwal Vs. Rajat Khandelwal on 10.05.2019, which orders Rajat Khandelwal (husband) to provide an interim maintenance for his wife (Megha Khandelwal) in a domestic violence case despite the fact that the wife is well educated.

Megha Khandelwal initially filed a domestic violence case against her husband in the trial court and got awarded an interim maintenance of Rupees 5000 per month.

She however, was not satisfied with that and further challenged the case in front of the sessions court, which decided to enhance her maintenance budget from Rupees 5000 to Rupees 9000.

However, this did not satisfy her as well, and she decided to approach High Court challenging the maintenance amount.

The High Court noticed that the counsel of the wife made a submission on the High Court that the income tax return of her husband (Rajat) were not taken into consideration, which was false and the High Court also found out that Megha was very well educated. She has a degree in M.Sc. Biotech and is preparing for a PHD.

The High Court also observed the courts below gave an opinion without any evidence being led in the matter, the income could not be ascertained only for meeting day to day expenses. The interim maintenance was not granted, and the High Court dismissed the portion of the wife.

Dissatisfied by this, Megha decided to approach the Supreme Court, and the supreme court passed an order saying “After having considered rival submissions and taking into account the relevant documents placed before us, we deem it appropriate to enhance the interim maintenance amount to Rupees 25,000 per month to be paid to the petitioner by the respondent with the effect from 1.05.2019.

until final discussion in the main proceedings which is pending before the concerned court.

the amount shall be paid on a regular basis on or before 10th of every month of the English calendar” The supreme court has further ensured early disposal of this case and will conduct the next hearing preferably within 6 months from the day of the previous hearing.

The parties have undertaken before the court that they will extend full cooperation to the trial case.

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