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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.

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.