Domestic Violence Act Doesn't Provide Windfalls, Concrete Evidence Regarding Income Needed For Fair Assessment Of Maintenance: J&K High Court

The Jammu and Kashmir and Ladakh High Court has observed that concrete evidence regarding the salary amount of the husband must be made known to the trial court so that it can pass a direction for a specific amount of maintenance payable by the husband under the Domestic Violence Act. Emphasising the need for concrete evidence of the husband's salary before quantifying maintenance, Justice Puneet Gupta observed, "The court cannot pass in air the direction that the wife shall be entitled to 25% of the gross salary without knowing the actual salary of the husband. Delving into the intricacies of the case, particularly focusing on the modification of maintenance and accommodation orders Justice Gupta emphasized the need for concrete evidence of the husband's salary before quantifying maintenance. “There is no doubt that the Act has been framed with a reason to provide immediate relief and succor to the aggrieved party and is entitled to interim relief which the court may consider in the facts and circumstances of the case however it does not mean that the petitioner is entitled to windfall in the proceedings and to be paid the maintenance or compensation without exercising judicial discretion”, Justice Gupta recorded.