Introduction:
The legal proceedings in the case of Chanpreet Singh Anand vs Simran Kaur Sapra, presided over by Ms. Swarana Kanta Sharma, Principal District & Sessions Judge of North District, Rohini Courts, Delhi, highlight a dispute centered around the payment of interim maintenance under the Protection of Women from Domestic Violence Act, 2005.
Background:
Chanpreet Singh Anand filed an appeal against an order that required him to pay Rs. 20,000 per month in interim maintenance for his wife, Simran Kaur Sapra, and her minor son from a previous marriage. The original order was issued on November 12, 2021, by the Mahila Court in Rohini, Delhi. The appeal was heard and decided on March 3, 2022.
Key Arguments:
The appellant’s main contention was that the magistrate had erred in her judgment by not considering evidence that the respondent was gainfully employed as a Makeup Artist and Dietitian, which was evident from her social media profiles. He also argued that he should not be liable for maintenance payments to the minor child, Nidhaan Singh, as he is not the biological father nor is there an adoption deed to support any legal obligation.
Court’s Observations:
The court observed that despite the appellant’s claims, the birth certificate of the minor child listed him as the biological father, an act which the respondent might have used to misguide the court. However, it focused on the disclosed income of the appellant for maintenance decisions and noted the absence of proven income for the respondent.
Court’s Decision:
The court upheld the trial court’s decision, emphasizing the appellant’s duty to maintain his wife and her child from a previous marriage, recognizing them as his family under the law. The appeal was dismissed, and the appellant was ordered to clear the maintenance arrears by March 12, 2022.
Conclusion:
This case underscores the complexities of family law where interpersonal relationships and legal duties intersect. It highlights the importance of the judiciary in interpreting and enforcing laws concerning family responsibilities, especially in the context of marital disputes and child maintenance.
References: https://indiankanoon.org/doc/2385995/