AJAY KUMAR versus LATA @ SHARUTI & ORS.

AJAY KUMAR versus LATA @ SHARUTI & ORS.

At the present stage, sufficient averments in the complaint justify sustaining the award of interim maintenance against the appellant; the final determination of fulfillment of statutory requirements will await evidence at trial.

Parties
Appellant: Ajay Kumar Jindal; Respondent: Lata @ Sharuti; Respondent: Kirti Jindal
Jurisdiction
India
Judgment Date
08 April 2019
Procedural Posture
Criminal Appeal / Appeal From High Court Judgment Affirming Interim Maintenance; Supreme Court Disposal of Appeal
Outcome
Appeal disposed of
Legal Topics
Maintenance, Domestic Violence, Joint Hindu Family Property
Family Law Criminal Law Maintenance Domestic Violence Joint Hindu Family Property

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Parties

Ajay Kumar Jindal

Appellant

Lata @ Sharuti

Respondent

Kirti Jindal

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Judgment Affirming Interim Maintenance; Supreme Court Disposal of Appeal

Legal Issues

  1. 1 Whether the requirements of ss.2(f), 2(q), 2(s) of the Protection of Women from Domestic Violence Act, 2005 are fulfilled for awarding interim maintenance against the appellant
  2. 2 Whether sufficient basis exists to fasten liability for maintenance on the brother of the deceased spouse under the Act

Ratio Decidendi

At the present stage, sufficient averments in the complaint justify sustaining the award of interim maintenance against the appellant; the final determination of fulfillment of statutory requirements will await evidence at trial.

Court Disposition

Appeal disposed of

Orders

  • Arrears to be paid within four months from today by equal monthly installments.
  • Pending applications, if any, also stand disposed of.