May 30, 2023

Delhi High Court stated the petitioner’s contentions could be established solely after proof is led. File

New Delhi:

The Delhi High Court has refused to intrude with a trial court docket order granting interim upkeep to a girl, who claimed to be in a live-in relationship with a married man.

The court docket noticed 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 order’s got here whereas dismissing a petition filed by a person difficult a decrease court docket order the place the person was directed to pay ad-interim upkeep of Rs.10,000 per thirty days to the girl.

The excessive court docket stated, “Metropolitan Magistrate vide order dated 26.10.2020, has directed the petitioner to pay a sum of Rs.10,000 per month to the respondent herein as an interim arrangement. The memorandum of grounds does not challenge the figure of Rs 10,000/- awarded by the Metropolitan Magistrate.”

“The principle challenge is that the order could not be passed since the application under the Protection of Women from Domestic Violence Act, 2005 was not maintainable as the respondent is not an aggrieved person,” the court docket stated.

“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 docket stated.

The respondent girl had divorced her husband.

However, the excessive court docket clarified that every one these supplies should be examined and stated: “It is the contention of the petitioner that he has not entered into any rental agreement and that the agreements, affidavits and the photographs produced by the respondent herein are not genuine.”

“All these facts can be established only after evidence is led. The question as to whether the respondent herein has been duped by the petitioner 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,” the court docket stated.

The excessive court docket has requested the trial court docket to listen to the matter and resolve the matter lastly inside a interval of 1 12 months.

The girl has instructed the court docket that she took divorce from her former husband and obtained married to the petitioner on November 21, 2014 and thereafter agreement-cum-marriage deed was entered into between the petitioner and the girl.

The girl knowledgeable the court docket that variations arose between the events and he or she moved a trial court docket searching for an order restraining the petitioner from evicting her from the rented lodging. The girl additionally filed an software for grant of interim upkeep.

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