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last mo.

Delhi High Court Upholds Rs 1 Lakh Maintenance and Equal Rights for Second-Marriage Spouses

Justice Swarana Kanta Sharma imposed an interim freeze on the husband’s properties to protect the maintenance order under the Domestic Violence Act.

In his plea, the husband had asserted that the woman was not entitled to maintenance since it was her second marriage.

Overview

  • The court ruled that the Domestic Violence Act treats spouses of first and subsequent marriages equally when awarding maintenance.
  • It confirmed the trial court’s enhancement of the maintenance payment from ₹33,000 to ₹1 lakh per month.
  • Justice Sharma dismissed the husband’s plea that his wife’s second marriage, her adult children, or his chronic Ankylosing Spondylitis relieved him of payment obligations.
  • The judgment upheld an interim injunction preventing the husband from disposing of his immovable assets without court approval.
  • Records showed the wife earns only ₹12,000 per month and meets her remaining expenses through loans.