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Bombay High Court quashes order reducing interim maintenance to wife in vegetative state

The case involved a married couple who had been residing in the UK after their marriage in 2016. It is alleged that the wife suffered domestic violence at the hands of her husband. In 2017, the woman suffered a medical condition which put her in a vegetative state.

The family eventually decided to bring her back to India for treatment and better care, and the husband accompanied his wife back to India.

The petitioner’s family said that her husband assured that he would send a sum of ₹1,50,000 per month towards the wife’s medical expenses. However, the wife’s family said that this promise was not fulfilled.

Therefore, she moved an application under the Protection of Women from Domestic Violence Act claiming maintenance under this law.

In July 2022, the trial court ordered the husband to pay ₹ 1,20,000 per month as interim maintenance and ₹1,00,000 per month towards arrears.

The husband challenged the trial court order before a sessions court (appellate court) and urged for a stay of the trial court order.

The appellate court rejected the plea for a stay but reduced the interim maintenance amount awarded by the trial court from ₹1.2 lakhs to ₹25,000 per month.

Source: Barandbench

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