Court affirms that unproven allegations of adultery cannot bar interim maintenance; directs expeditious trial in domestic violence case.
In a significant ruling, the Delhi High Court, presided over by Dr. Swarana Kanta Sharma, J., has upheld the interim maintenance awarded to Chhavi Jain in a case filed under the Protection of Women from Domestic Violence Act, 2005, against her estranged husband, Ateet Jain. The judgment, delivered on February 4, 2026, reiterates the principle that allegations of adultery must be substantiated through trial and cannot alone disentitle a woman from receiving interim maintenance.
The case revolves around the marital discord between Ateet and Chhavi Jain, who were married in 2014. Following serious allegations of domestic violence, including sexual, verbal, and economic harassment, Chhavi moved out of the matrimonial home and initiated proceedings under the PWDV Act seeking interim maintenance. The Magistrate, and later the Sessions Court, had directed Ateet to pay Rs. 26,000 per month as interim maintenance, a decision which Ateet challenged, citing allegations of adultery against his wife.
In his defense, Ateet submitted photographs purportedly depicting Chhavi in a compromising position with another individual. However, the Court emphasized that these photographs, alleged to be morphed, need to be examined during the trial to establish their authenticity. The Court referred to previous cases, including Ajay Kumar v. Uma and Nirmaan Malhotra v. Tushita Kaul, underscoring that interim maintenance cannot be denied based on unproven allegations.
The judgment also addressed the assessment of Ateet's income, which was contested. Despite Ateet's claim of earning a modest income as a commission agent, the Court upheld the Magistrate's assessment based on his bank statements and income tax returns, which reflected a significantly higher income, thereby justifying the interim maintenance amount.
Furthermore, the Court directed the Magistrate to expedite the trial, aiming for a resolution within a year, considering the serious allegations made by both parties. It also mandated that Chhavi file an affidavit agreeing to return the interim maintenance with interest if it is proven during the trial that she was indeed living in adultery.
This judgment reinforces the protection offered to women under the PWDV Act, emphasizing the need for substantial evidence before denying interim reliefs based on allegations of adultery. It also highlights the Court's commitment to ensuring a fair trial and the expeditious resolution of domestic violence cases.
Bottom Line:
Protection of Women from Domestic Violence Act, 2005 - Allegations of adultery cannot disentitle the wife to interim maintenance unless proven during the trial - Assessment of income must be based on available records, and allegations of reduced income must be substantiated.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 - Sections 12, 23, 29; Code of Criminal Procedure, 1973 - Section 125.
Ateet Jain v. Chhavi Jain, (Delhi) : Law Finder Doc id # 2849123
