Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Protection of Women from Domestic Violence Act 2005: s. 12 - Application under - Maintenance sought by wife |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Protection of Women from Domestic Violence Act, 2005:s. 12 - Application under - Maintenance sought by wife(appellant) from husband (respondent) - interim maintenance ofRs. 2, 50, 0001- per month granted w.ef filing of complaint - Husbanddid not honour the order - Execution petition by wife for recoveryof arrears of maintenance - Challenge to maintenance order byhusband declined finally by Supreme Court, while observing thatmatter be referred for conciliation - Conciliation failed - HighCourts order directing the husband to pay Rs. 10 lakhs each in twoinstalments - Wifes application seeking modification of the directionsof High Court seeking entire arrears of maintenance - Appeal bywife for vacation of interim stay of execution proceedings - Allowedby Supreme Court directing to execute the maintenance order -Despite the order husband since did not clear the arrears, sent tojudicial custody - Jn application of husband, Supreme Court directedthe Sessions Court to decide the appeal of the husband on merit -Sessions Court reduced the maintenance from Rs. 2,50,0001- P.M.to 50,0001- P.M. Wife challenged the order uls. 482 Cr.P. C. -Husband also filed petition uls. 482 Cr.P. C. seeking furtherreduction of the maintenance amount - Petition of husbanddismissed by High Court and the order was further affirmed bySupreme Court - Pending the petition u/s. 482 Cr.P.C., wife filedpresent SLP challenging the order of Sessions Judge whereby hereduced the maintenance amount - Attempt .of Supreme Court foramicable solution failed - Family Court directed to decide thedomestic violence proceedings within a period of eight weeks fromthe date of the present judgment - High Court directed to decidethe pending application filed by the wife as regards correctness oforder of Sessions Court whereby the maintenance amount wasreduced. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 847 |
Petitioner | Shalu Ojha |
Respondent | Prashant Ojha |
SCR | [2017] 8 S.C.R. 642 |
Judgement Date | 2017-09-04 |
Case Number | 3935 |
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