Summary
The Court declined to finally assess disputed financial material in a wife’s challenge to reduction of interim maintenance. The husband’s unsuccessful challenges had made Rs 50,000 per month final against him, while her enhancement challenge remained pending in the High Court. It directed prompt High Court determination of interim maintenance and evidence-based final disposal of the domestic-violence proceedings, without fixing an enhanced rate itself.
Issues
- Whether the disputed financial record permitted final determination of maintenance in this petition.
- How the pending interim-maintenance challenge and main proceedings should be expedited.
Held
- The husband’s challenges to the Rs 50,000 monthly award had failed, making that rate final against him; the surviving issue was whether the wife should obtain enhancement. Her challenge to the same order was still pending in the High Court. (¶ 5–8)
- Competing assertions about businesses, assets and financial distress required evidence and cross-examination. The Court could not take a final view on the disputed documents in these proceedings. (¶ 9)
- Both parties were to file necessary documents in the main domestic-violence proceedings within four weeks and then lead evidence. The trial court was to endeavour to finally determine maintenance and dispose of the case within eight months. (¶ 10(a))
- The High Court was to take up Crl.MC. 850 of 2015 immediately and endeavour to decide expeditiously whether the ASJ’s interim-maintenance order required modification. No enhanced rate was fixed by the Supreme Court. (¶ 10(b))
Result
Petition disposed of with expedited evidence and final-maintenance directions below and prompt High Court consideration of interim maintenance; no costs.