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Shalu Ojha v. Prashant Ojha

Special Leave Petition (Criminal) · 2017 INSC 847Decided 4 Sept 2017
Special Leave Petition (Criminal) No. 3935 of 2016
Justice A.K. Sikri · Justice Ashok Bhushan

Background

This order sends the case back; it does not decide the dispute. In proceedings under the Protection of Women from Domestic Violence Act, 2005, the Additional Sessions Judge reduced a wife's maintenance from Rs. 2,50,000 to Rs. 50,000 per month. She asked the Supreme Court to restore or enhance it.

Decision Breakdown

This is not a final decision on the dispute. The Court declined to rule on whether the reduction was correct, saying a final view could be taken only after both parties led evidence and were cross-examined. It directed the Family Court to complete the maintenance proceedings on fresh evidence within eight months and fix the rate finally. It also directed the High Court to urgently decide a separate pending petition on whether the Additional Sessions Judge's order needs modification.

Lesson Learnt

There is no final ruling yet on the correct maintenance amount. The order only sets timelines for the Family Court and the High Court to decide it.

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

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