Allow Cookies!
By using our website, you agree to the use of cookies
In the said case the, said lady and her deceased husband were residing at a house which constitutes ancestral Hindu Joint family property. The deceased husband and the brother n law of the said lady jointly carried a business of Kiryana Store. The woman, filed a complaint under Domestic Violence Act alleging that, after the death of her husband she and her child was not permitted to reside in her matrimonial home. The Trial court passed an interim order granting monthly maintenance in the amount of Rs 4,000 to the woman and Rs 2,000 to the child. The brother in law was directed to pay the said amount. This order came to be affirmed by the High court.
The 'brother in law' contended that there was no basis under the provisions of the Act to fasten liability on him in appeal to the Supreme Court. But the bench consisting of Justice DY Chandrachud and Justice Hemant Gupta observed that "The proviso indicates that both, an aggrieved wife or a female living in a relationship in the nature of marriage may also file a complaint against a relative of the husband or the male partner, as the case may be.. Section 2(f) defines the expression 'domestic relationship' to mean a relationship where two persons live or have lived together at any point of time in a shared household when they are related by consanguinity, marriage or through a relationship in the nature of marriage, adoption or are members living together as a joint family…. All these definitions indicate the width and amplitude of the intent of Parliament in creating both an obligation and a remedy in the terms of the enactment."
Upholding the Order bench further said: "Ultimately, whether the requirements of Section 2(f); Section 2(q); and Section 2(s) are fulfilled is a matter of evidence which will be adjudicated upon at the trial. At this stage, for the purpose of an interim order for maintenance, there was material which justifies the issuance of a direction in regard to the payment of maintenance."
86540
103860
630
114
59824