Property Allotted In Lieu Of Ancestral Land Left In Pakistan Retains Coparcenary Character; Karta Cannot Gift It Away: Punjab & Haryana HC Bail Applicant Under 'Solemn Obligation' To Disclose Criminal History; Material Suppression Disentitles Discretionary Relief: Orissa High Court Mother Surreptitiously Marrying Away Daughter Without Father’s Knowledge Amount To Mental Cruelty: Madras High Court Grants Divorce Time Is Generally Not The Essence Of Contract In Sale Of Immovable Property; Unilateral Notice Cannot Alter Mutually Agreed Terms: Himachal Pradesh High Court Mere Use Of Surname No Defence If Adoption Is Dishonest & Causes Confusion In Pharma Trade: Delhi High Court Restrains 'Reddy Pharmaceuticals' Complainant’s Failure To Provide Specific Loan Details & Evidence Of Parties' Involvement In Ponzi Scheme Rebuts Section 139 NI Act Presumption: Calcutta High Court Statutory Mandate Of Section 17-B: Payment Of Minimum Wages Means Revised Rates From Time To Time, Not Frozen Amount: Delhi High Court Reporting Court Proceedings & Good Faith Complaints To Authorities Not Defamation: Allahabad High Court Quashes Summoning Order Appointment Obtained Via Fraud Vitiates Initial Entry; Article 311 Protection Not Available To Such Employees: Allahabad High Court Surviving Spouse’s Elevation To Second In Line Of Succession Not ‘Manifestly Arbitrary’: Bombay High Court Upholds Goa Succession Act Amendments Patent Rights Stand Exhausted Once Components Are Sourced From Authorized Market Dealers; Royalty Cannot Be Calculated On Entire Product: Delhi High Court FCI Cannot Unilaterally Reduce Rent Or Recover 'Excess' Payment Without Landlord's Consent & Notice: Punjab & Haryana High Court Judicial Sanctity Cannot Be Given To Adulterous Relationships; No Habeas Corpus For Married Woman Living With Husband: Himachal Pradesh High Court Recoveries From Open Spaces Without Proof Of Concealment Don't Qualify Under Section 27 Evidence Act: Supreme Court Large Time Gap In 'Last Seen Together' Theory Snaps Chain Of Circumstances; Supreme Court Acquits Murder Accused Non-Recovery Of Mobile Phone Or Video Not Fatal To Criminal Intimidation Charge If Victim's Testimony Is Credible: Supreme Court Threat To Upload Private Video Online Violates Woman's Sexual Autonomy, Amounts To 'Imputing Unchastity' Under Sec 506 IPC: Supreme Court Intention To Kill Essential For Section 307 IPC Conviction; Nature Of Injury Not Sole Determinant: Supreme Court Intention To Commit Murder Cannot Be Presumed Merely Because Injury Was Dangerous To Life: Supreme Court Alters Conviction To Section 325 IPC Supreme Court Cancels Bail Of Accused Who Absconded For 42 Days Post-Bail Revocation; Says Contumacious Conduct Bars Fresh Relief High Court Cannot Grant Fresh Bail By Ignoring Supreme Court’s Earlier Order Cancelling Bail Without Change In Circumstances: Supreme Court Mutation Entries Supported By Registered Sale Deeds For Long Period Relevant To Establish Possession: Supreme Court Allegation Of Fraud In Registered Documents Must Be Supported By Foundational Facts; Adverse Inference Drawn If Plaintiff Avoids Witness Box: Supreme Court Commercial Courts Must Assign Reasons For Not Passing Conditional Orders In Summary Judgment Applications: Calcutta High Court Friendly Loan Without Commercial Consideration Not A 'Legally Enforceable Debt' Under Section 138 NI Act: Jharkhand High Court Commercial Courts Act: ₹3 Lakh ‘Specified Value’ Amendment Is Self-Operative; No Separate Govt Notification Required: Andhra Pradesh HC Full Bench Drug Inspector’s Prosecution Voids If Specific Area Of Jurisdiction Is Not Notified In Official Gazette: Kerala High Court Order 41 Rule 27 CPC | Photostat Copies Of Sale Deeds Not Admissible As Additional Evidence To Fill Gaps In Trial Stage: Punjab & Haryana HC

Deprivation of Property Rights Constitutes Economic Abuse; Maintenance Right Intact Despite Ownership Claims Through Will: Bombay HC in Domestic Violence Case

07 May 2024 8:19 AM

By: Admin


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.

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.

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.

 

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