On October 29, 2025 the Court of the Ld. Additional Sessions Judge-02, East District, Karkardooma Courts, Delhi, passed a significant judgment dismissing wife’s criminal appeal titled xyz vs. xyz @ xyz.
The Appellate Court, presided over by Ms. xyz, upheld the Trial Court’s decision to deny the appellant-wife’s pleas for a residence order and fresh interim maintenance.
Key Legal Grounds for Dismissal:
- No Right to Residence in Shared Household: The Court ruled that the property at Vijay Vihar Phase-I was not a ‘shared household’ under the PWDV Act, as the couple had last resided together at a rental premise in Mandawali.
- Bar on Double Maintenance: The plea for fresh interim maintenance was rejected because the wife was already receiving Rs. 20,000/- per month as ad-interim maintenance under Section 125 CrPC from the Family Court. The Court held that granting maintenance under the PWDV Act would result in legally impermissible ‘double maintenance’.
- Wife’s Financial Status Considered: The Court noted the submissions regarding the appellant-wife being highly educated and having held previous employment with firms like Cars 24 and M/s xyz, suggesting she had willfully chosen to remain unemployed.
Respondent was represented by Adv. Jyoti Thakur and Adv. Abhimanyu Kumar