The judgment addresses cross-revision petitions filed by both the husband and the wife challenging appellate orders modifying interim maintenance under the Protection of Women from Domestic Violence (DV) Act. The core legal issues revolved around whether the original interim maintenance of Rs. 1,00,000/- per month was appropriate, whether a technically qualified wife could be mandated to seek employment within a strict timeframe, and how a subsequent material change in financial circumstances (such as termination of employment and cessation of salary) impacts ongoing maintenance liabilities under Section 25(2) of the DV Act. The High Court meticulously analyzed the scope of revisional jurisdiction, balanced the financial capacities and child-care responsibilities of both parties, and upheld the lower forums’ decisions while clarifying crucial principles regarding capacity-to-earn versus actual earnings.
- Maintainability of Revision: The High Court affirmed that an order passed by the Court of Sessions in an appeal under Section 29 of the DV Act is amenable to the revisional jurisdiction of the High Court under Sections 397 and 401 of the CrPC, as the DV Act does not expressly exclude ordinary revisional powers.
- Scope of Revisional Interference: Revisional jurisdiction over interim maintenance orders is narrow and restricted to cases showing patent illegality, perversity, gross impropriety, or miscarriage of justice, since interim awards are based on a prima facie evaluation of documents.
- Quantum Principles: Maintenance must avoid extremes—it should neither be so extravagant that it is oppressive for the husband nor so meager that it drives the wife to penury; it must ensure she can maintain herself with reasonable comfort.
- Capacity to Earn vs. Actual Employment: Merely possessing technical qualifications or an ability to earn does not automatically disentitle a wife to maintenance or justify a reduction; her capacity to earn is distinct from actual employment.
- Time-Bound Re-employment Directions: The direction requiring a qualified wife to make genuine efforts to seek employment within one year and placing that record before the trial court is sustainable, provided it does not lead to an automatic cessation of maintenance upon the expiry of the year.
- Subsequent Change in Circumstances (Section 25(2) DV Act): Where an employee-husband suffers a genuine loss of employment and cessation of salary, the court can assess a notional income based on qualifications, past experience, and disclosed personal expenses, and appropriately adjust maintenance downwards, especially when the minor child is in the husband’s custody.
2026 DHC 6090
Cross-Revision Petitions arising under the Protection of Women from Domestic Violence Act, 2005 (D.O.J. 30.07.2026)
