Deprivation of Property Rights Constitutes Economic Abuse; Maintenance Right Intact Despite Ownership Claims Through Will: Bombay HC in Domestic Violence Case
In a landmark decision, the Bombay High Court upheld the entitlement of a daughter-in-law to Rs.60,000 monthly maintenance in a domestic violence case, emphasizing the recognition of economic abuse and property rights under the Protection of Women from Domestic Violence Act, 2005.
Facts and Issues: The case revolved around the petitioner, a mother-in-law, challenging the interim maintenance awarded to her daughter-in-law, citing the non-existence of a domestic relationship and ownership of properties via a will. Key issues included assessing the validity of economic abuse claims, property rights, and the determination of the maintenance amount.
Court’s Assessment:
Economic Abuse and Property Rights: Justice Sharmila U. Deshmukh observed, “The pleadings demonstrate the specific case of not only verbal and emotional abuse but also economic abuse by way of depriving the Respondent No 2 of the properties and business of her late husband…” The court examined the economic abuse allegations and the dispute over property ownership through the will.
Quantum of Interim Maintenance: The judgment referenced “Rajnesh vs. Neha,” underlining the principle that maintenance must reflect the standard of living in the matrimonial home. The court scrutinized financial disclosures, noting inconsistencies in the petitioner’s income declarations.
Income Suppression in Maintenance Calculation: The court pointed out, “It is therefore clear that the Petitioner has suppressed the income earned from the said businesses from the Court.” The income suppression by the petitioner was a pivotal factor in determining the maintenance amount.
Decision: The High Court dismissed the petition, affirming the monthly maintenance of Rs.60,000. An extension of ad-interim relief was granted for four weeks following the judgment’s uploading, in consideration of the existing support since March 2023.
Date of Decision : 21 March 2024.
Rekha Anandrao Ranbhare vs. State of Maharashtra & Ors.
