Observing that the ‘Protection of Women from Domestic Violence (PWDV) Act does not override personal laws completely’, a Delhi court has reduced the interim relief granted to a Muslim widow from Rs.30,000 to 15,000 per month.
Additional Sessions Judge Sanjay Bansal reduced the relief amount saying payment of the previous amount would amount to payment of maintenance, which is not permissible under the law. The widow had sought interim monetary relief from her father-in-law and brother-in-law ( jeth ) alleging that they tortured her and her three children physically and mentally, besides taking over her husband’s shop after his death. A Metropolitan Magistrate had earlier asked her in-laws to pay Rs. 30,000 per month to her as expenses for her children and herself.
The in-laws, however, challenged the order before the Sessions Judge.
“It is well settled that under Muslim Law there is no obligation upon the father-in-law to maintain the widow and children of his deceased son. The position of law is even more clear in respect of Jeth. A Jeth is under no obligation to maintain widow and children of his deceased brother. Though provisions of the PWDV Act are secular, but it is not that the said Act completely overrides the personal laws. The law regarding inheritance, succession, marriage and maintenance would still be the personal laws of the parties. The provisions of PWDV Act have no say in those matters,” said Mr. Bansal.
“The award of Rs.20,000 per month for payment of school fee cannot be sustained as that would amount to payment of maintenance, which is not permissible under the law. Even award of Rs.10,000 per month as kitchen expenses is not legally permissible i.e. not payable as maintenance,” the Judge said while reducing the interim relief amount.
“However, the respondent/widow can be granted monetary relief – not as maintenance – but as monetary relief for her loss of earnings and share of income from the shop because there are allegations that the shop run by her husband has been grabbed by the appellants (the in-laws),” the Judge further added.
Additional Sessions Judge Sanjay Bansal reduced the relief amount saying payment of the previous amount would amount to payment of maintenance, which is not permissible under the law. The widow had sought interim monetary relief from her father-in-law and brother-in-law ( jeth ) alleging that they tortured her and her three children physically and mentally, besides taking over her husband’s shop after his death. A Metropolitan Magistrate had earlier asked her in-laws to pay Rs. 30,000 per month to her as expenses for her children and herself.
The in-laws, however, challenged the order before the Sessions Judge.
“It is well settled that under Muslim Law there is no obligation upon the father-in-law to maintain the widow and children of his deceased son. The position of law is even more clear in respect of Jeth. A Jeth is under no obligation to maintain widow and children of his deceased brother. Though provisions of the PWDV Act are secular, but it is not that the said Act completely overrides the personal laws. The law regarding inheritance, succession, marriage and maintenance would still be the personal laws of the parties. The provisions of PWDV Act have no say in those matters,” said Mr. Bansal.
“The award of Rs.20,000 per month for payment of school fee cannot be sustained as that would amount to payment of maintenance, which is not permissible under the law. Even award of Rs.10,000 per month as kitchen expenses is not legally permissible i.e. not payable as maintenance,” the Judge said while reducing the interim relief amount.
“However, the respondent/widow can be granted monetary relief – not as maintenance – but as monetary relief for her loss of earnings and share of income from the shop because there are allegations that the shop run by her husband has been grabbed by the appellants (the in-laws),” the Judge further added.
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