New Delhi, Feb 5 (NationPress) The Delhi High Court has declined to intervene in an order that provides Rs 26,000 per month as interim maintenance to a woman under the Protection of Women from Domestic Violence Act (PWDV Act), affirming that unverified allegations of adultery cannot serve as a reason to withhold such assistance at the interim phase.

A single-judge Bench led by Justice Swarana Kanta Sharma dismissed a criminal revision petition submitted by the husband, who contested the concurrent rulings of a magistrate and a sessions court mandating him to furnish interim maintenance to his estranged spouse.

Disputing the husband's claim that the wife was purportedly “living in adultery” and thus ineligible for maintenance, Justice Sharma stated that such contested matters could only be resolved after evidence is presented at trial.

“When issuing interim orders, the court is obligated to adopt a prima facie perspective based on the evidence at hand,” the Delhi High Court articulated, emphasizing that “interim maintenance under the PWDV Act cannot be refused solely based on unverified claims of extramarital affairs.”

The ruling acknowledged the husband's reliance on photographs that allegedly depicted the wife in a compromising situation with another individual, yet asserted that their authenticity and credibility could only be scrutinized during the trial process.

“The photographs in question still require legal validation throughout the trial, after evidence is submitted by the involved parties,” Justice Sharma remarked.

Clarifying the distinction between proceedings under Section 125 of the CrPC and the PWDV Act, the Delhi High Court noted that while Section 125(4) explicitly bars maintenance for a wife engaged in adultery, “there exists no specific statutory prohibition under the PWDV Act preventing a woman from pursuing relief based solely on allegations of adultery.”

“Any material or evidence pertaining to the wife's conduct, including adultery allegations, is certainly a relevant factor; however, it fundamentally requires examination following the presentation of evidence,” the judgment stated.

Addressing whether the wife could be deemed an “aggrieved person” under the PWDV Act, the Delhi High Court recognized the presence of an undisputed domestic relationship and highlighted the wife's detailed claims of physical, sexual, verbal, emotional, and economic abuse throughout their marriage.

Initially, Justice Sharma observed that the allegations, including claims of recurrent humiliation, lack of financial support, derogatory language, and character defamation, fall within the broader definitions of domestic violence outlined in the PWDV Act.

The domestic incident report submitted by the Protection Officer also provided prima facie support for the wife's assertions, as noted in the ruling.

Nevertheless, while rejecting the revision petition, the Delhi High Court instructed the trial court to strive to resolve the domestic violence petition swiftly, ideally within a year. It further clarified that if the trial court ultimately determines that the wife is not eligible for maintenance due to allegations of adultery, she would be obliged to return the entire interim maintenance amount received, along with interest at the rate of 6 percent per annum.

The Delhi HC also mandated the wife to present an affidavit to the trial court committing to repay the interim maintenance amount with interest if she is found ineligible for such relief.