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Shalu Ojha v. Prashant Ojha

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 2070 of 2014)Decided 18 Sept 2014
Criminal Appeal No. 2070 of 2014
Justice J. Chelameswar · Justice A.K. Sikri

Background

A woman obtained monthly maintenance of ₹2.5 lakh, including accommodation expenses, under the Domestic Violence Act. Her husband challenged the award but did not comply with a condition requiring payment of arrears. Repeated proceedings and interim orders delayed recovery, and the High Court dismissed her current-maintenance application as not pressed, which she said she had never authorised.

Decision Breakdown

The Supreme Court set aside the dismissal and directed immediate execution of the maintenance order, with completion within eight weeks and a compliance report to the High Court. It restored the husband's Sessions Court appeal for consideration on the merits, but required enforcement of maintenance before that hearing. Any eventual success in his appeal could be addressed by appropriate payment adjustments. The Court condemned the procedural obstruction and left open the general question of the Sessions Court's power to grant interim stays under the Act.

Lesson Learnt

An appeal against maintenance does not justify frustrating an enforceable payment order through repeated proceedings. Courts should verify an alleged abandonment of a maintenance claim and ensure that interim litigation does not deprive the recipient of effective relief.

Official source (sci.gov.in)View Judgment (PDF)

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