VidhiSangh

Supreme Court of India · 08/04/2019

AJAY KUMAR versus LATA @ SHARUTI & ORS.

[2019] 6 S.C.R. 283 · 2019 INSC 473

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Summary

The Supreme Court sustained interim maintenance against a deceased husband’s brother under the domestic-violence legislation. Allegations of residence in a joint-family household, a joint business with the deceased, and the appellant’s residence in the same household supplied sufficient material at the interim stage. Final proof of the statutory relationships remained for trial. The decision did not impose maintenance on every brother-in-law merely because of kinship or a business connection.

Issues

  1. Whether the complaint supported interim maintenance against the deceased husband’s brother.
  2. Whether the interim findings determined the complaint finally.

Provisions considered

Held

Result

Appeal disposed of, sustaining interim maintenance and directing payment of arrears in equal monthly instalments within four months. Final adjudication on the complaint’s merits expressly preserved. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 6 S.C.R. 283.