Denial Of Maintenance Allowance To Wife Causes “Economic Abuse” To Her Within The Meaning Of Domestic Violence Under DV Act: Tripura High Court

The Tripura High Court held that denial of maintenance allowance by a husband to his wife causes economic abuse to her within the meaning of sec. 3 of the Domestic Violence Act, 2005.A criminal revision petition was filed by the petitioner husband challenging the Additional Sessions Judge judgment dated 18th July 2020. The impugned judgment held that the husband committed acts of domestic violence upon his wife and ordered for grant of monetary relief in the form of maintenance of Rs. 15,000 per month to be given to the wife under sec. 20(1)(d) of the Act. The petitioner husband challenged the grant of monthly maintenance by arguing that he had medical expenses of his old ailing mother on his shoulders and education expenses of his son whose custody rested with him. On the other hand, it was the case of the respondent wife that since the petitioner was a government employee receiving a monthly salary of Rs. 50,000 per month, he was eligible enough of maintaining his wife. Moreover, it was argued that the monetary relief granted under sec. 20 of the Act is different from maintenance granted under sec.125 Cr.P.C.