Bombay High Court quashes order reducing interim maintenance to wife in vegetative state

The Bombay High Court recently set aside an appellate (sessions) court order that had reduced the interim maintenance amount payable by a man to his wife to fund medical expenses after she suffered a medical condition which put her in a vegetative state..A trial court had initially ordered the man to pay ₹1.2 lakhs per month as interim maintenance during proceedings initiated by the wife under the Protection of Women from Domestic Violence Act. However, this amount was reduced to ₹25,000 per month by a sessions court on appeal, although the appellate court refused the stay the trial court order. After the reduction of interim maintenance was challenged before the High Court, Justice Sharmila Deshmukh set aside the appellate court's decision, effectively restoring the trial court's order to pay ₹1.2 lakhs per month as interim maintenance to the wife. The High Court held that once the appellate court refused to use its discretionary power to stay the trial court order, it could not have reduced the maintenance amount without giving any reasons to support such a move. "The order of the Appellate Court is completely bereft of any findings or reasoning on the basis of which reduction has been directed apart from the fact that the Appellate Court could not have reduced the amount of maintenance once having rejected the Application for stay," the High Court said. .The Court took critical note that the appellate court had reduced the interim maintenance amount despite finding that the petitioner (wife) needed immediate financial help and that not a single paisa had been deposited by the husband towards interim maintenance. "The observations that there is not a single paisa deposited towards the interim maintenance and considering the overall facts and circumstances, the observations do not appear to be in consonance with the order which has been passed reducing the amount of maintenance," the High Court said..The case involved a married couple who had been residing in the UK after their marriage in 2016. It is alleged that the wife suffered domestic violence at the hands of her husband. In 2017, the woman suffered a medical condition which put her in a vegetative state.The family eventually decided to bring her back to India for treatment and better care, and the husband accompanied his wife back to India.The petitioner's family said that her husband assured that he would send a sum of ₹1,50,000 per month towards the wife's medical expenses. However, the wife's family said that this promise was not fulfilled.Therefore, she moved an application under the Protection of Women from Domestic Violence Act claiming maintenance under this law.In July 2022, the trial court ordered the husband to pay ₹ 1,20,000 per month as interim maintenance and ₹1,00,000 per month towards arrears.The husband challenged the trial court order before a sessions court (appellate court) and urged for a stay of the trial court order. The appellate court rejected the plea for a stay but reduced the interim maintenance amount awarded by the trial court from ₹1.2 lakhs to ₹25,000 per month. .After this development was challenged, the High Court set aside the sessions court order and directed that the domestic violence case trial be concluded within three weeks from June 18. "The Appellate Court ... observed that respondent-husband has not deposited single paise in the Court towards interim maintenance. The error on part of the Appellate Court occurred when the Appellate Court reduced the amount of the maintenance from Rs.1,20,000/- to Rs. 25,000/- per month without any reasoning or finding in support of reduction ... Once there is no stay which has been granted by the Appellate Court the order of the Trial Court dated 30th July 2022 is operational and petitioner is entitled to the interim maintenance of Rs.1,20,000/- per month," the High Court reasoned. .Advocates Sarah Kapadia, Ankta Pachouri and Anoushka Ajoy Thangkhiew appeared for the petitioner. Advocate Akshay R Kapadia appeared for the husband and Additional Public Prosecutor AR Metkari represented State..[Read Order]