A bench of Justice Sanjeev Sachdeva has passed the order in the case titled as Manju Sharma vs Vipin on 01.07.2019.
In a domestic violence case, by the impugned order dated 06.06.2013, the trial court held that respondent had not clearly disclosed his income and the assertion that he was earning only Rs. 12,000/- per month was unbelievable and
accordingly prima facie assessed his income at Rs. 30,000/- and awarded Rs. 10,000/- to the petitioner and her daughter. The appellate court by the impugned order found no infirmity in the view taken by the trial court and dismissed the appeal filed by the petitioner seeking enhancement.
When the matter came before the High Court, it observed “Clearly, the appellate court has erred in placing the burden of proof on the petitioner and has erred in holding that she has not placed the details of the contract with regard to the RO Water business of the respondent. The listings which are placed on various websites by the respondent prima facie show a turn over of Rs. 50 lakhs to Rs. One Crore per annum. Further, the website listings placed on record prima facie show that the respondent is also engaged in the business of sale and purchase of second- hand cars. Even the father of the respondent had stated that he was engaged in the jewellery business along with the respondent though the business is stated to be closed today. At the stage of assessment of interim maintenance, the court has to only form a prima facie opinion”.
Then the High Court enhanced the maintenance by saying “In my view, the trial court, as well as the appellate court, had erred in assessing the income of the respondent and fixing interim maintenance on a very lower scale. Keeping in mind the requirement of the petitioner and her daughter, the interim maintenance needs to be enhanced. In view of the material placed by the petitioner on record and the expenditure required to be incurred, I am of the view that the interim maintenance should be enhanced to Rs. 30,000/- per month”.
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