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The object of grant of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself.

Delhi High Court has observed that even if maintenance under Section 125 CrPC was granted, the wife is entitled for maintenance for domestic violence though there can be an adjustment qua earlier maintenance.

A bench of Justice Sachdeva has passed the order in the case titled as VIKAS BHUTANI vs STATE on 17.05.2019.

Petitioner impugns order dated 29.05.2017 whereby interim maintenance has been assessed by the Trial Court. On an application filed the respondent under Section 12 of The Protection of Women from Domestic Violence Act, 2005, an amount of Rs.40,000/- has been fixed as interim maintenance. Learned counsel for the petitioner submits that the Trial Court has erred in not appreciating that the respondent had already filed an application under Section 125 Cr.P.C and interim maintenance of Rs.15,000/- was assessed in the said application and petitioner had continued to pay the said amount of Rs.15,000/- per month.

High Court observed “I am unable to accept the contention of the learned counsel for the petitioner. One has to look at the nature of the maintenance
awarded”.

It further observed “The object of grant of maintenance is to afford a subsistence allowance to the wife, who is not able to maintain herself, then the award normally should be from the date of the application. For the court to award maintenance from the date of the order there have to be compelling circumstances for the court to take such a view. Maintenance awarded to a wife is not a bounty. It is awarded to her so that she can survive”.

High Court then directed “Accordingly, petitioner shall pay maintenance at the rate of Rs. 40,000/- per month from the date of filing of the application i.e. March, 2014. Petitioner would be entitled to an adjustment of the amount that petitioner has already paid in terms of the order passed in the application under Section 125 Cr.P.C. and the interim orders passed by this court”.