The Hon’ble Judge took cognizance of the fact and directed that the arrears of interim maintenance will start from the date of compliance of the Order i.e., filing the relevant documents alongwith Income Affidavit and not from the date of filing of application of interim maintenance.
NEW DELHI: On 01 May 2025, a Delhi court heard a case both physically and through video conferencing (VC), following the directions of the Hon’ble Delhi High Court as per letter No. 01/RG/DHC/2023 dated 05.06.2023, regarding hybrid hearings.
The wife/Complainant filed the complaint u/s 12 of Protection of Women from Domestic Voilence Act alongwith interim application seeking maintenance from the Husband/Respondent.
The wife has filed Income Affidavit as per the judgment of Hon’ble Supreme Court in Rajnesh v. Neha however the wife was not complying with the Orders of the Hon’ble Court of filing the relevant documents supporting the Income Affidavit since last two dates
The Husband being represent by Adv. Satyam Sondh argued that the wife is earning thus not deliberately filing the Income Affidavit and stacking up the arrears of maintenance as it will be awarded from the date of application.
The Hon’ble Judge took cognizance of the fact and directed that the arrears of interim maintenance will start from the date of compliance of the Order i.e., filing the relevant documents alongwith Income Affidavit and not from the date of filing of application of interim maintenance.
The petitioner appeared along with Sh. Vikrant Sharma, learned counsel for the petitioner. The respondent also appeared in person, represented by Sh. Satyam Soni, learned counsel for the respondent.
During the hearing, the court pointed out that the petitioner had failed to file supporting documents with her petition as required by the Supreme Court’s judgment in “Rajnesh vs. Neha, Crl. No.730/2020.”
“In the said judgment, it is clearly mentioned that the calculation of arrears for the maintenance will start from the date of application and not from the date of order. The said direction is given considering the fact that a bonafide and diligent petitioner should not be made to suffer because of delay caused by the respondent. The same in no way favours a party who herself fails to make the compliance.”
The court observed that the petitioner had not disclosed her income when filing for interim maintenance. The Hon’ble Supreme Court had made it clear that the income affidavit must be filed along with the petition to be considered valid:
“The petitioner has not disclosed her income for the purpose of grant of interim maintenance with the petition.”
“The filing of income affidavit alongwith the petition goes in consonance with the judgment of Hon’ble Supreme Court because if the respondent does not file his income affidavit in time he is anyway at disadvantage because arrears will be given from the date of compliance by the petitioner.”
Therefore, the court held that:
“The application, without the affidavit, cannot be considered an effective application within the scope of ‘Rajnesh vs. Neha (Supra)’ and if not merely a ‘bunch of paper’, it is definitely not sufficient to grant interim maintenance.”
“For this reason, petitioner cannot be allowed to stack up arrears because of her default as no party can take advantage of their own wrong.Therefore, the date of filing of income affidavit of the petitioner gains importance for the purpose of calculating the arrears.As there is lapse on the part of petitioner in complying the said judgment, it is made clear that arrears for the purpose of interim maintenance shall start from the date of compliance i.e., filing of the income affidavit and not from the date of application seeking interim maintenance.”
The court permitted the petitioner to file the required supporting documents during the course of the day.
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At this stage, the respondent’s lawyer informed the court that he was not pursuing the application related to visitation rights for the minor child:
“Ld. Counsel for respondent submits that he is not pressing for the application seeking visitation rights of the minor child as the visitation rights have already been granted by Ld. Family Court to the respondent.”
Since custody matters were already under consideration in the Family Court, the current application on visitation rights was closed:
“As the custody proceedings are already pending before Ld. Family Court, the application of the respondent seeking visitation rights is disposed off as dismissed being infructuous.”
The court noted that the petitioner had not filed a reply to another pending application.
“Reply of this application is not on record by petitioner.”
Respondent’s counsel pointed out another application still pending, which sought deletion of names of Respondents No. 2 and 3.
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“Ld. Counsel for respondent submits that there is another application pending seeking deletion name of resp. no. 2 and 3.”
The court gave the petitioner a final opportunity to reply:
“Petitioner is directed to file reply of the same during course of the day on with advance copy to opposite side by way of last opportunity.”
It was also noted that the Family Court had ordered the clearance of earlier granted ad-interim maintenance arrears:
“It is also informed that Ld. Family Court has also directed to clear the arrears of ad-interim maintenance cranted by this court within one month – 24.04.2025.”
The matter is now listed for arguments on the interim relief application on 09 July 2025.
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