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‘Not money recovery suit’: Rajasthan High Court spares husband from ‘crushing’ Rs 20 lakh maintenance arrears

The Indian Express·Vineet Upadhyay·19 days ago
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Rajasthan High Court news: Holding that a salaried husband cannot be forced to pay maintenance arrears running into several lakhs after a decade-long delay in adjudication, the Rajasthan High Court has set aside directions requiring retrospective payment of Rs 20,000 per month from 2014 in a domestic violence case and said that maintenance law is intended to prevent “starvation and destitution” and cannot be converted into a mechanism imposing crushing financial liability through accumulated arrears. Justice Farjand Ali was hearing a criminal revision petition filed by the estranged husband challenging orders of the trial courts in proceedings arising out of an application filed by his wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005. Justice Farjand Ali said proceedings under the Domestic Violence Act are “remedial and protective in nature”. “The purpose of maintenance is to provide immediate support to avoid starvation and destitution.…

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