Introduction:

In the case of XXXX v. XXXX, the Punjab & Haryana High Court addressed the delicate issue of maintenance under Section 125 of the Criminal Procedure Code (CrPC). Justice Harpreet Singh Brar emphasized the need for a just and realistic assessment of maintenance to prevent hardships to either spouse.

Arguments:

The petitioner argued that the interim maintenance awarded to his wife failed to consider adjustments for maintenance granted under the Protection of Women from Domestic Violence Act, 2005 (DV Act). The court deliberated on the legislative intent behind maintenance provisions, aiming to provide speedy assistance and social justice to vulnerable parties.

Court’s Judgment:

The court stressed the importance of balancing the needs of the dependent spouse while ensuring fairness to both parties. It acknowledged the spiraling inflation rates and high cost of living, highlighting the necessity for realistic maintenance amounts. Furthermore, the court directed the set-off of maintenance amounts awarded under different statutes, in line with Supreme Court directives.