Greeva Garg –
The Delhi High Court has declined its interference in the Trial Court’s order granting interim maintenance to a woman who claimed to be in a live-in relationship with a married man for over six years.
The Court stated that, “The couple has held themselves out in the society as being akin to spouses which fact is evident from the marriage-cum-agreement deed, affidavits, the school records of the child and the bank statements of the respondent.”
Justice Subramonium Prasad dismissed the petition filed by a man challenging the Trial Court’s order directing him to pay Interim maintenance of Rs. 10,000 per month to the woman.
“Since the case is only at an interim stage this Court is not inclined to interfere with the direction of the Courts below awarding interim maintenance to the respondent herein towards the maintenance of a child and also towards the rent/accommodation,” the Court said.
The petitioner contended that the woman knew that he was married to somebody else, which barred her from claiming any relief under the Protection of Women from Domestic Violence Act.
“The question as to whether the respondent [woman] herein has been duped by the petitioner [man] or whether she was a party to an adulterous and bigamous relationship or not and whether her conduct would not entitle her for any protection under the DV Act can be determined only after the evidence is led,” Justice Subramonium Prasad settled.
Refuting the interference in the ruling, the High Court asked the Trial Court to hear the matter and decide the matter finally within a period of one year.
