Bombay High Court passed one of the most important orders of interim compensation which has been sought by Cathrine Edwards of Rs 50,000 and the court dismissed the previous order where the magistrate had passed an order of granting her only Rs.8000.
Interim Compensation has been provided to Cathrine under the provisions of Section 23(2) of the protection of Women from Domestic Violence Act, 2005. Justice MS Sonak has mentioned that the order by the Metropolitan Magistrate was cryptic.
It has been identified that Cathrine’s husband Edward works as a Maitenance Mechanic General in COSTAIN and draws a salary of 15,000 dirhams per month i.e. rupees 2,25,000 per month. The company is based out of Abu Dhabi. The court thus said that-
“Despite, the aforesaid material, the trial Court, by simply surmising the higher cost of living abroad and the amount of E.M.I. which Respondent No. 1 claims, he was paying in respect of same flat, by very cryptic order directed Respondent No. 1 to pay the maintenance of only Rs. 8,000/ p.m. to the Petitioner and her son Christ.”
However Cathrine’s appeal was dismissed at the appeal court. But in the final verdict the court said the following-
“On the basis material produced on record, this is a fit case wherein the Respondent No. 1, by way of interim maintenance sought to have been directed to pay the interim maintenance of at least Rs. 50,000/ p.m. to the Petitioner and her son Christ. There is nothing on record to indicate that the Petitioner has some substantial source of income. In any case considering the income of the Respondent No. 1 and consequently the life style that the parties were accustomed to, it is only appropriate that the Respondent No. 1 pays interim maintenance of Rs. 50,000/ p.m. to the Petitioner and her son Christ.”
Thus, the interim compensation was given to Cathrine which was suited to the condition of her life.
Courtesy/By: Debasmita Goswami
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20 Dec 2018
