Afsana Mansoori vs Shaukeen Ahmad Mansoori on 7 March, 2026

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    Delhi District Court

    Afsana Mansoori vs Shaukeen Ahmad Mansoori on 7 March, 2026

         IN THE COURT OF SH. ASHISH RASTOGI,
            ADDL. SESSIONS JUDGE-05 (EAST)
            KARKARDOOMA COURTS, DELHI
    In the matter of
                                    CA No.29/2025
    
    Smt. Afsana Mansoori
    D/o Sh. Shakeel Ahmed Mansoori
    R/o H.No.434, Gali no.20, Near Water Office,
    Shati Mohalla, Gandhi Nagar, Delhi-110031.
    
                                                       .......Appellant
                          Vs.
    1. Sh. Shokeen Ahmed Mansoori (Husband)
    
    2. Sh. Musrat (Brother in law)
    
    3. Smt. Ishrat (Sister in law)
    
    4. Smt. Noor Jahan (Aunt in law)
    
    All R/o H.No.102, Afganan Thana Kiratpur,
    Tehsil Najibabad, District Bijnor, U.P.246731.
    
    Also at:-
    M/S Vanilla Salon & Academy
    Shop No.3 & 4, Gold Crown Society, Opposite
    ICICI Bank 7 Banglows, Andehri West
    Mumbai
    
                                                    ........... Respondents
    
    Date of Institution             :         13.02.2025
    Arguments completed             :         17.12.2025
    Date of order                   :         07.03.2026
    
                             JUDGMENT
    

    1. This is an appeal against Order dated 07.11.2024 Ashish
    passed by Ld. JMFC, Mahila Court-01, East Rastogi
    Digitally signed
    by Ashish Rastogi
    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 1 of 36
    Date: 2026.03.07
    16:59:03 +0530
    District, KKD, Delhi whereby petition U/s PW
    D.V. Act 2005 of the appellant was dismissed.

    2. The core controversy which is to be decided

    SPONSORED

    through this appeal is whether the Respondent
    perpetrated domestic violence upon the Appellant
    and if so of what nature and whether the
    conclusion arrived by the Ld. Trial Court in
    dismissing the Petition of the Appellant deserves
    any interference in exercise of the Appellate
    jurisdiction of this Court.

    3. The Ld. Trial Court held the facts as averred by
    the Appellant in her Petition and the evidence led
    by her as not sufficient to bring her in the ambit
    of an ‘Aggrieved person’ under Section 2(a) of
    DV Act, since the primary requirement for the
    petitioner to be an aggrieved person is that she
    must be a woman in the domestic relationship and
    should have been a victim of domestic violence in
    such a relationship. After discussing the definition
    of domestic violence under Section 3 of the DV
    Act, the Ld. Trial Court held that she could not
    prove that any domestic violence was perpetrated
    upon her by the Accused persons. The reasoning
    of the Ld. Trial Court primarily rests on the fact
    that the allegations are vague, general and
    omnibus and devoid of any specific details as to

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    date, time and month etc. and hence cannot be
    relied upon.

    4. Before moving further, it would be pertinent to

    highlight the purpose and objective of DV Act,
    2005
    . The said act was enacted to counter the
    growing menace of harassment and abuse of
    women within the domestic relationship. Before
    the advent of the Act, Civil law remedies like
    divorce existed but there was no mechanism for
    quick monetary relief and no enforceable action
    against the abuser. In other words, while the
    women were forced to leave her matrimonial
    home, the case dragged on. Therefore, the DV Act
    was enacted keeping into account the above
    factors and incorporated various provisions like
    Residence Orders and interim maintenance during
    the pendency of the dispute, so that the interest of
    women in domestic relationship is protected and
    she as well the children born out of the wedlock
    are not reduced to state of destitution and
    vagrancy. The Act also served the purpose of
    bringing India at par with the international
    covenants to which India is a signatory which
    specifically call on the member states to protect
    women within the domestic relationship from any
    form of violence.

    5. The relevant excerpt of Statement of objectives

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    and reasons of the Act is worth mentioning here:

    1.”Domestic Violence is
    undoubtedly a human rights
    issue and serious deterrent to
    development. The Vienna
    Accord of 1994 and the
    Beijing Declaration and the
    Platform for Action (1995)
    have acknowledge this. The
    United Nations Committee
    and Convention on
    Elimination of All Forms of
    Discrimination Against
    Women (CEDAW) in its
    General Recommendation
    No.XII(1989) has
    recommended that state
    parties should act to protect
    women against violence of
    any kind especially that
    occurring within the family”.

    2. The phenomenon of
    domestic violence is widely
    prevalent but has remained
    largely invisible in the public
    domain. Presently, where a
    women is subjected to cruelty
    by her husband or his
    relatives, it is an offence
    under section 498-A of the
    Indian Penal Code. The civil
    law does not however address
    this phenomenon in its
    entirety.

    3. It is, therefore, proposed to
    enact a law keeping in view
    the rights guaranteed under
    articles 14, 15 and 21 of
    Constitution to provide for a

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    remedy under the civil law
    which is intended to protect
    the woman from being
    victims of domestic violence
    and to prevent the occurrence
    of domestic violence in the
    society.

    6. One of the most important highlights of the Act is

    that it provides for a very expansive definition of
    “Domestic Violence” and encompasses within its
    fold not only physical abuse but also verbal,
    sexual and economic abuse. The said feature and
    expansive definition is also crucial to the fact
    situation at hand.

    7. Coming to the case at hand, as already discussed,

    the Ld. Trial Court has held that the physical
    violence could not be proved by the Appellant as
    the allegations are general and omnibus in nature,
    devoid of any specific detail. Here it can also not
    be lost sight of the fact that the Respondents did
    not enter appearance in the Ld. Trial Court. The
    Counsel for Respondent No. 1 i.e. the Husband of
    the Appellant entered appearance only once i.e.
    on 24.01.2023 wherein he was given an
    opportunity to file reply to the Petition u/s 12 of
    the DV Act and application u/s 23 of the DV Act
    within 30 days. Thereafter, the Respondent No. 1
    did not appear either in person or through his

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    counsel and the matter was decided ex-parte and
    finally disposed off vide impugned judgment
    dated 07.11.2024. In the Petition as well as in the
    evidence led, the Appellant levelled various
    allegations of physical harassment upon the
    accused persons but the same remained
    uncontroverted as the matter was decided ex-parte
    and the Ld. Trial Court observed that even if the
    Respondents have not entered appearance, the
    case of the Petitioner has to stand on its own legs
    and the factum of domestic violence is to be
    proved beyond reasonable doubt. In this context,
    the observations of the Hon’ble Delhi High Court
    in case of “X” vs. State & Anr. decided on
    28.07.2025 vide neutral citation No.
    2025:DHC:6114.

    16. It is pertinent to note that the
    case of the petitioner was brushed
    aside on the ground that the
    petitioner had failed to provide the
    exact date and manner of physical
    cruelty/harassment. However,
    merely because the petitioner failed
    to provide the exact date and time
    of the alleged tortures does not
    tantamount to mean that the case of
    the petitioner is without any basis.

    8. Therefore, it is clear that the Hon’ble Delhi High

    Court has clearly observed that even if the

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    petitioner has not mentioned the exact date and
    time, the petition of the Petitioner cannot be
    brushed aside only on that ground. Be that as it
    may, the Ld. Trial Court has also mentioned about
    the lack of corroborative material on record like
    any prompt police complaint or any medical
    document regarding the physical abuse. It has
    also noted that although a complaint was given by
    the Complainant in DCW (Ex CW1/7A), there is
    nothing to show what action was taken by DCW
    on the said complaint.

    9. In these circumstances, it can be held that even if

    the factum of physical abuse against the Accused
    persons could not be conclusively proved, it is
    the considered opinion of this Court that where
    the Ld. Trial Court has erred is that in place of
    physical abuse it has used the word ‘domestic
    violence’. In other words, it has come to
    conclusion that merely because the allegations of
    physical abuse could not be proved, no domestic
    violence was meted to the Appellant. What the
    Ld. Trial Court has failed to observe is a very
    expansive definition has been provided of
    ‘Domestic violence’ under Section 3 of the DV
    Act in which physical abuse is not the only
    constituent of domestic violence. The Ld. Trial

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    Court has not returned any finding on whether,
    from the material on record available with the Ld.
    Trial Court, any economic abuse was meted by
    the Respondents or not particularly Respondent
    No. 1 i.e. the husband of the Appellant. In this
    context, the observations of the Hon’ble Delhi
    High Court in case of “X” vs. State & Anr.
    decided on 28.07.2025 vide neutral citation No.
    2025:DHC:6114.

    11. An examination of
    Section 3 of the DV Act
    makes it manifest that the
    term ‘domestic violence’
    includes economic abuse.

    The DV Act has defined
    economic abuse as
    deprivation of all or any
    economic or financial
    resources to which the
    aggrieved person is entitled
    to under any law and or
    which the aggrieved person
    requires out of necessity
    including household
    necessities for the aggrieved
    person and her children, if
    any, stridhan, property,
    jointly or separately owned
    by the aggrieved person,
    payment of rental related to
    the shared house hold and
    maintenance

    10. Section 3 of Domestic Violence Act placed as

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    under:-

    Definition of domestic
    violence.–For the purposes
    of this Act, any act, omission
    or commission or conduct of
    the respondent shall
    constitute domestic violence
    in case it–

    (a) harms or injures or
    endangers the health, safety,
    life, limb or well-being,
    whether mental or physical,
    of the aggrieved person or
    tends to do so and includes
    causing physical abuse,
    sexual abuse, verbal and
    emotional abuse and
    economic abuse; or

    (b) harasses, harms, injures or
    endangers the aggrieved
    person with a view to coerce
    her or any other person
    related to her to meet any
    unlawful demand for any
    dowry or other property or
    valuable security; or

    (c) has the effect of
    threatening the aggrieved
    person or any person related
    to her by any conduct
    mentioned in clause (a) or
    clause (b); or

    (d) otherwise injures or
    causes harm, whether
    physical or mental, to the
    aggrieved person.

    Explanation I.–For the
    purposes of this section,–

    (i) “physical abuse” means

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    any act or conduct which is
    of such a nature as to cause
    bodily pain, harm, or danger
    to life, limb, or health or
    impair the health or
    development of the aggrieved
    person and includes assault,
    criminal intimidation and
    criminal force;

    (ii) “sexual abuse” includes
    any conduct of a sexual
    nature that abuses,
    humiliates, degrades or
    otherwise violates the dignity
    of woman;

    (iii) “verbal and emotional
    abuse” includes–

    (a) insults, ridicule,
    humiliation, name calling and
    insults or ridicule specially
    with regard to not having a
    child or a male child; and

    (b) repeated threats to cause
    physical pain to any person in
    whom the aggrieved person is
    interested;

                       (iv)     "economic        abuse"
                       includes--
    

    (a) deprivation of all or any
    economic or financial
    resources to which the
    aggrieved person is entitled
    under any law or custom
    whether payable under an
    order of a court or otherwise
    or which the aggrieved
    person requires out of
    necessity including, but not
    limited 5 to, house hold
    necessities for the aggrieved

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    person and her children, if
    any, stridhan, property,
    jointly or separately owned
    by the aggrieved person,
    payment of rental related to
    the shared house hold and
    maintenance;

    (b) disposal of household
    effects, any alienation of
    assets whether movable or
    immovable, valuables,
    shares, securities, bonds and
    the like or other property in
    which the aggrieved person
    has an interest or is entitled to
    use by virtue of the domestic
    relationship or which may be
    reasonably required by the
    aggrieved person or her
    children or her stridhan or
    any other property jointly or
    separately held by the
    aggrieved person; and

    (c) prohibition or restriction
    to continued access to
    resources or facilities which
    the aggrieved person is
    entitled to use or enjoy by
    virtue of the domestic
    relationship including access
    to the shared household.

    11. Coming to the facts of this case at hand, the

    existence of shared household and domestic
    relationship between the Appellant and
    Respondent No.1 is admitted. The factum of
    marriage has been proved through the marriage

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    certificates, it is also an admitted fact that two
    children named Jainab and Farhan aged about 10
    years and 9 years respectively were born out of
    the wedlock and their birth certificates bear the
    name of the Appellant and Respondent No. 1 as
    parents.

    12. Now, it is the specific allegation of the Appellant

    that not even a single penny is being paid by
    Respondent No. 1 towards the legitimate needs of
    the Appellant and two minor children born out of
    the wedlock. Since the matter proceeded ex-parte,
    it can be held that no explanation has been offered
    by Respondent No.1 as to why the Appellant is
    living separately. Nothing is on record to show
    that Respondent No. 1 made any attempts so that
    the Appellant and Respondent No. 1 can reside
    together rather it is the case of the Appellant that
    Respondent No.1 is residing in Mumbai and
    working in a beauty parlour getting Rs 70,000 a
    month. There is further nothing on record to show
    that any amount is being paid or has been paid
    towards the legitimate expenses of the minor
    children born out of the wedlock. It is the case of
    the Appellant that the entire expenses towards the
    minor children are being borne by herself. The
    said facts remain unrebutted as there is no reply
    of Respondent No.1 on record and no evidence

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    has been led by Respondent No. 1 to controvert
    the same. The same is sufficient to bring the
    conduct of Respondent No. 1 within the purview
    of ‘domestic violence’ as defined in Section 3 of
    the DV Act under “economic abuse”. As evident
    from the conjoint reading of Section 3 and
    Section 2(a) of DV Act, “economic abuse” is a
    form and a subset of domestic violence sufficient
    to bring the victim of “economic abuse” within
    the purview of “aggrieved person”.

    13. In this context, the observations of the Hon’ble

    Delhi High Court in case of “X” vs. State &
    Anr.
    decided on 28.07.2025 vide neutral citation
    No. 2025:DHC:6114.

    18. The petitioner has also
    been raising her minor child,
    and Respondent No. 2, prior
    to the passing of the order
    granting interim maintenance
    in the petition under Section
    12
    of the DV Act, had failed
    to provide any maintenance
    to the petitioner or the minor
    child. As already noted by
    this Court, the term domestic
    violence encapsulates
    ‘economic abuse.’ A
    Coordinate bench of this
    Court in the case of Ajay
    Kumar v. Uma
    :

    2024:DHC:80 in relation to
    the scope of the term
    ‘domestic violence’ had

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    observed as under:-

    “The ‘domestic
    relationship’ between
    the petitioner and
    complainant is not
    disputed. ‘Domestic
    violence’ may be by
    physical harm or injury
    endangering the health
    safety, life, limb, or
    ‘well being’ which may
    be mental or physical of
    ‘aggrieved person’.

    Further the same
    includes physical,
    sexual, verbal,
    ’emotional’ and
    ‘economic’ abuse. The
    object of the Act is to
    provide for more
    effective provisions to
    safeguard the rights of
    the women who are
    victims of violence of
    any kind occurring
    within the family, and
    for matters connected
    therewith or incidentally
    thereof.”

    19. Admittedly, the petitioner was
    living separately from Respondent
    No. 2 since 21.04.2012. As noted
    above, no explanation was offered
    by Respondent No. 2 as to why the
    petitioner left his company except
    the fact that she did so of her own
    accord. However, as already noted,
    no petition for restitution of
    conjugal rights was preferred by

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    Respondent No.2. Only a legal
    notice calling upon the petitioner to
    join Respondent No. 2’s company
    was sent to the petitioner, which in
    the opinion of this Court, does not
    inspire confidence. As noted above,
    the petitioner has been raising her
    minor child and is stated to be not
    gainfully employed. It is also not
    the case of Respondent No.2 that
    maintenance was offered by him for
    upkeep of the Petitioner and the
    minor child. This Court, thus, is of
    the opinion that the petitioner is
    entitled to receive compensation on
    account of ‘economic abuse’.

    14. Monetary Reliefs:

    Having come to the conclusion that the
    Respondent No. 1 is guilty of ‘economic abuse’
    and hence ‘domestic violence’, the only question
    which is to be decided is with respect to monetary
    reliefs. In relation to the same, Section 20 of the
    DV Act holds as under:

    (1) While disposing of an
    application under sub-section
    (1) of section 12,the
    Magistrate may direct the
    respondent to pay monetary
    relief to meet the expenses
    incurred and losses suffered
    by the aggrieved person and
    any child of the aggrieved
    person as a result of the
    domestic violence and such
    relief may include, but not

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    limited to,–

    (a) the loss of earnings;

    (b) the medical expenses;

    (c) the loss caused due to the
    destruction, damage or
    removal of any property from
    the control of the aggrieved
    person; and

    (d) the maintenance for the
    aggrieved person as well as
    her children, if any, including
    an order under or in addition
    to an order of maintenance
    under section 125 of the
    Code of Criminal Procedure,
    1973 (2 of 1974) or any other
    law for the time being in
    force.

    (2) The monetary relief
    granted under this section
    shall be adequate, fair and
    reasonable and consistent
    with the standard of living to
    which the aggrieved person is
    accustomed.

    (3) The Magistrate shall have
    the power to order an
    appropriate lump sum
    payment or monthly
    payments of maintenance, as
    the nature and circumstances
    of the case may require.
    (4) The Magistrate shall send
    a copy of the order for
    monetary relief made under
    sub-section (1) to the parties
    to the application and to the
    in charge of the police station
    within the local limits of
    whose jurisdiction the

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    respondent resides.

    (5) The respondent shall pay
    the monetary relief granted to
    the aggrieved person within
    the period specified in the
    order under sub-section (1).
    (6) Upon the failure on the
    part of the respondent to
    make payment in terms of the
    order under sub-section (1),
    the Magistrate may direct the
    employer or a debtor of the
    respondent, to directly pay to
    the aggrieved person or to
    deposit with the court a
    portion of the wages or
    salaries or debt due to or
    accrued to the credit of the
    respondent, which amount
    may be adjusted towards the
    monetary relief payable by
    the respondent.

    15.Regarding the quantum of maintenance to be
    awarded, extensive guidelines have been provided
    in the landmark judgment of Rajnesh v. Neha &
    Anr.
    passed by Hon’ble Supreme Court of India
    vide Criminal Appeal No. 730 of 2020 (Arising
    out of SLP (Crl.) No. 9503 of 2018) Decided On:

    04.11.2020 which can be gainfully relied here.
    The same are as follows:

    75. The Orissa High Court in Susmita
    Mohanty v. Rabindra Nath Sahu
    MANU/OR/0176/1996
    : 1996 (I)
    OLR 361 held that the legislature
    intended to provide a summary, quick

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    and comparatively inexpensive
    remedy to the neglected person.

    Where a litigation is prolonged, either
    on account of the conduct of the
    opposite party, or due to the heavy
    docket in Courts, or for unavoidable
    reasons, it would be unjust and
    contrary to the object of the provision,
    to provide maintenance from the date
    of the order.

    76. In Kanhu Charan Jena v. Smt.
    Nirmala Jena MANU/OR/0326/2000
    :

    2001 Cri LJ 879, the Orissa High
    Court was considering an application
    Under Section 125 Code of Criminal
    Procedure, wherein it was held that
    even though the decision to award
    maintenance either from the date of
    application, or from the date of order,
    was within the discretion of the Court,
    it would be appropriate to grant
    maintenance from the date of
    application. This was followed in
    Arun Kumar Nayak v. Urmila Jena,
    MANU/OR/0082/2010
    : (2010) 93
    AIC 726 (Ori) wherein it was
    reiterated that dependents were
    entitled to receive maintenance from
    the date of application.

    77. The Madhya Pradesh High Court
    in Krishna Jain v. Dharam Raj Jain
    MANU/MP/0156/1991
    : 1993 (2)
    MPJR 63 held that a wife may set up
    a claim for maintenance to be granted
    from the date of application, and the
    husband may deny it. In such cases,
    the Court may frame an issue, and
    decide the same based on evidence
    led by parties. The view that the

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    “normal rule” was to grant
    maintenance from the date of order,
    and the exception was to grant
    maintenance from the date of
    application, would be to insert
    something more in Section 125(2)
    Code of Criminal Procedure, which
    the Legislature did not intend.
    Reasons must be recorded in both
    cases. i.e. when maintenance is
    awarded from the date of application,
    or when it is awarded from the date of
    order.

    78. The law governing payment of
    maintenance Under Section 125 Code
    of Criminal Procedure from the date
    of application, was extended to
    HAMA by the Allahabad High Court
    in Ganga Prasad Srivastava v.
    Additional District Judge, Gonda and
    Ors. MANU/UP/1905/2019
    : 2019 (6)
    ADJ 850 The Court held that the date
    of application should always be
    regarded as the starting point for
    payment of maintenance. The Court
    was considering a suit for
    maintenance Under Section 18 of
    HAMA, wherein the Civil Judge
    directed that maintenance be paid
    from the date of judgment. The High
    Court held that the normal inference
    should be that the order of
    maintenance would be effective from
    the date of application. A party
    seeking maintenance would otherwise
    be deprived of maintenance due to the
    delay in disposal of the application,
    which may arise due to paucity of
    time of the Court, or on account of the

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    conduct of one of the parties. In this
    case, there was a delay of seven years
    in disposing of the suit, and the wife
    could not be made to starve till such
    time. The wife was held to be entitled
    to maintenance from the date of
    application/suit.

    79. The Delhi High Court in Lavlesh
    Shukla v. Rukmani
    15 held that where
    the wife is unemployed and is
    incurring expenses towards
    maintaining herself and the minor
    child/children, she is entitled to
    receive maintenance from the date of
    application. Maintenance is awarded
    to a wife to overcome the financial
    crunch, which occurs on account of
    her separation from her husband. It is
    neither a matter of favour to the wife,
    nor any charity done by the husband.

    (b) From the date of order

    80. The second view that maintenance
    ought to be awarded from the date of
    order is based on the premise that the
    general Rule is to award maintenance
    from the date of order, and grant of
    maintenance from the date of
    application must be the exception.
    The foundation of this view is based
    on the interpretation of Section 125(2)
    Code of Criminal Procedure which
    provides:

    (2) Any such allowance for the
    maintenance or interim maintenance
    and expenses for proceeding shall
    be payable from the date of the

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    order, or, if so ordered, from the
    date of the application for
    maintenance or interim maintenance
    and expenses of proceeding, as the
    case may be.

    (emphasis supplied)

    81. The words “or, if so ordered” in
    Section 125 has been interpreted to
    mean that where the court is awarding
    maintenance from the date of
    application, special reasons ought to
    be recorded.16

    82. In Bina Devi v. State of U.P.,
    MANU/UP/0057/2010 : (2010) 69
    ACC 19 the Allahabad High Court on
    an interpretation of Section 125(2) of
    the Code of Criminal Procedure held
    that when maintenance is directed to
    be paid from the date of application,
    the Court must record reasons. If the
    order is silent, it will be effective
    from the date of the order, for which
    reasons need not be recorded. The
    Court held that Section 125(2) Code
    of Criminal Procedure is prima facie
    clear that maintenance shall be
    payable from the date of the order.

    83. The Madhya Pradesh High Court
    in Amit Verma v. Sangeeta Verma and
    Ors.17
    directed that maintenance
    ought to be granted from the date of
    the order.

    (c) From the date of service of
    summons.

    84. The third view followed by some
    Courts is that maintenance ought to be

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 21 of 36
    granted from the date of service of
    summons upon the Respondent.

    85. The Kerala High Court in S.
    Radhakumari v. K.M.K. Nair
    MANU/KE/0031/1983
    : AIR 1983
    Ker 139 was considering an
    application for interim maintenance
    preferred by the wife in divorce
    proceedings filed by the husband. The
    High Court held that maintenance
    must be awarded to the wife from the
    date on which summons were served
    in the main divorce petition.
    The
    Court relied upon the judgment of the
    Calcutta High Court in Samir
    Banerjee v. Sujata Banerjee,
    MANU/WB/0386/1965 : 70 CWN
    633 and held that Section 24 of the
    HMA does not contain any provision
    that maintenance must be awarded
    from a specific date. The Court may,
    in exercise of its discretion, award
    maintenance from the date of service
    of summons.

    86 . The Orissa High Court in Gouri
    Das v. Pradyumna Kumar Das
    MANU/OR/0189/1986
    : 1986 (II)
    OLR 44 was considering an
    application for interim maintenance
    filed Under Section 24 HMA by the
    wife, in a divorce petition instituted
    by the husband. The Court held that
    the ordinary Rule is to award
    maintenance from the date of service
    of summons. It was held that in cases
    where the Applicant in the
    maintenance petition is also the
    Petitioner in the divorce petition,

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 22 of 36
    maintenance becomes payable from
    the date when summons is served
    upon the Respondent in the main
    proceeding.

    87. In Kalpana Das v. Sarat Kumar
    Das, MANU/OR/0180/2009 : AIR
    2009 Ori 133 the Orissa High Court
    held that the wife was entitled to
    maintenance from the date when the
    husband entered appearance. The
    Court was considering an application
    for interim maintenance Under
    Section 24 HMA in a petition for
    restitution of conjugal rights filed by
    the wife. The Family Court awarded
    interim maintenance to the wife and
    minor child from the date of the order.
    In an appeal filed by the wife and
    minor child seeking maintenance
    from the date of application, the High
    Court held that the Family Court had
    failed to assign any reasons in support
    of its order, and directed:

    9. …Learned Judge. Family Court has
    not assigned any reason as to why
    hepassed the order of interim
    maintenance w.e.f. the date of order.

    When admittedly the parties are living
    separately and prima facie it appears
    that the Petitioners have no
    independent source of income,
    therefore, in our view order should
    have been passed for payment of
    interim maintenance from the date of
    appearance of the Opposite Party-
    husband…

    (emphasis supplied)

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 23 of 36
    Discussion and Directions:

    88. The judgments hereinabove reveal
    the divergent views of different High
    Courts on the date from which
    maintenance must be awarded.

    89 . Even though a judicial discretion
    is conferred upon the Court to grant
    maintenance either from the date of
    application or from the date of the
    order in Section 125(2) Code of
    Criminal Procedure, it would be
    appropriate to grant maintenance from
    the date of application in all cases,
    including Section 125 Code of
    Criminal Procedure In the practical
    working of the provisions relating to
    maintenance, we find that there is
    significant delay in disposal of the
    applications for interim maintenance
    for years on end. It would therefore be
    in the interests of justice and fair play
    that maintenance is awarded from the
    date of the application.

    90. In Shail Kumari Devi and Ors. v.

    Krishnan Bhagwan Pathak
    MANU/SC/3353/2008 : 2008 9 SCC
    632, this Court held that the
    entitlement of maintenance should not
    be left to the uncertain date of
    disposal of the case. The enormous
    delay in disposal of proceedings
    justifies the award of maintenance
    from the date of application. In
    Bhuwan Mohan Singh v. Meena
    MANU/SC/0605/2014 : 2015 6 SCC
    353, this Court held that repetitive
    adjournments sought by the husband

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 24 of 36
    in that case resulted in delay of 9
    years in the adjudication of the case.
    The delay in adjudication was not
    only against human rights, but also
    against the basic embodiment of
    dignity of an individual. The delay in
    the conduct of the proceedings would
    require grant of maintenance to date
    back to the date of application.

    91. The rationale of granting
    maintenance from the date of
    application finds its roots in the object
    of enacting maintenance legislations,
    so as to enable the wife to overcome
    the financial crunch which occurs on
    separation from the husband.
    Financial constraints of a dependant
    spouse hampers their capacity to be
    effectively represented before the
    Court. In order to prevent a dependant
    from being reduced to destitution, it is
    necessary that maintenance is
    awarded from the date on which the
    application for maintenance is filed
    before the concerned Court.

    92. In Badshah v. Urmila Badshah
    Godse MANU/SC/1084/2013
    : (2014)
    1 SCC 188, the Supreme Court was
    considering the interpretation of
    Section 125 Code of Criminal
    Procedure. The Court held:

    13.3. …purposive interpretation needs
    to be given to the provisions of
    Section 125 Code of Criminal
    Procedure While dealing with the
    application of a destitute wife or
    hapless children or parents under this
    provision, the Court is dealing with

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 25 of 36
    the marginalised Sections of the
    society. The purpose is to achieve
    “social justice” which is the
    constitutional vision, enshrined in the
    Preamble of the Constitution of India.

    The Preamble to the Constitution of
    India clearly signals that we have
    chosen the democratic path under the
    Rule of law to achieve the goal of
    securing for all its citizens, justice,
    liberty, equality and fraternity. It
    specifically highlights achieving their
    social justice. Therefore, it becomes
    the bounden duty of the courts to
    advance the cause of the social
    justice. While giving interpretation to
    a particular provision, the court is
    supposed to bridge the gap between
    the law and society.

    (emphasis supplied)

    93. It has therefore become necessary
    to issue directions to bring about
    uniformity and consistency in the
    Orders passed by all Courts, by
    directing that maintenance be
    awarded from the date on which the
    application was made before the
    concerned Court. The right to claim
    maintenance must date back to the
    date of filing the application, since the
    period during which the maintenance
    proceedings remained pending is not
    within the control of the applicant.
    V Enforcement of orders of
    maintenance

    94. Enforcement of the order of
    maintenance is the most challenging
    issue, which is encountered by the

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 26 of 36
    applicants. If maintenance is not paid
    in a timely manner, it defeats the very
    object of the social welfare
    legislation. Execution petitions
    usually remain pending for months, if
    not years, which completely nullifies
    the object of the law. The Bombay
    High Court in Sushila Viresh
    Chhawda v. Viresh Nagsi Chhawda
    MANU/MH/0021/1996
    : AIR 1996
    Bom 94 held that:

    The direction of interim alimony and
    expenses of litigation Under Section
    24
    is one of urgency and it must be
    decided as soon as it is raised and the
    law takes care that nobody is disabled
    from prosecuting or defending the
    matrimonial case by starvation or lack
    of funds.

    (i) An application for execution of an
    Order of Maintenance can be filed
    under the following provisions:

    (a) Section 28A of the Hindu
    Marriage Act, 1956 (sic1955) r.w.

    Section 18 of the Family Courts Act,
    1984 and Order XXI Rule 94 of the
    Code of Civil Procedure
    for executing
    an Order passed Under Section 24 of
    the Hindu 17-11-2020 (Page 35 of 48)
    www.manupatra.com Library Dwarka
    Marriage Act (before the Family
    Court);

    (b) Section 20(6) of the DV Act
    (before the Judicial Magistrate); and

    (c) Section 128 of Code of Criminal
    Procedure before the Magistrate’s
    Court.

    (ii) Section 18 of the Family Courts
    Act, 1984 provides that orders passed
    by the Family Court shall be

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 27 of 36
    executable in accordance with the
    Code of Civil Procedure
    /Code of
    Criminal Procedure
    .

    (iii) Section 125(3) of the Code of
    Criminal Procedure provides that if
    the party against whom the order of
    maintenance is passed fails to comply
    with the order of maintenance, the
    same shall be recovered in the manner
    as provided for fines, and the
    Magistrate may award sentence of
    imprisonment for a term which may
    extend to one month, or until
    payment, whichever is earlier.

    Striking off the Defence

    (i) Some Family Courts have passed
    orders for striking off the defence of
    the Respondent in case of non-
    payment of maintenance, so as to
    facilitate speedy disposal of the
    maintenance petition. In Kaushalya v.
    Mukesh Jain18
    , the Supreme Court
    allowed a Family Court to strike off
    the defence of the Respondent, in case
    of non-payment of maintenance in
    accordance with the interim order
    passed.

    (ii) The Punjab & Haryana High
    Court in Bani v. Parkash Singh AIR
    1996 P&H 175 was considering a
    case where the husband failed to
    comply with the maintenance order,
    despite several notices, for a period of
    over two years. The Court taking note
    of the power to strike off the defence
    of the Respondent, held that:

    Law is not that powerless

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 28 of 36
    as not to bring the
    husband to book. If the
    husband has failed to
    make the payment of
    maintenance and
    litigation expenses to
    wife, his defence be
    struck out.

    (iii) The Punjab & Haryana High
    Court in Mohinder Verma v. Sapna
    MANU/PH/3684/2014
    , discussed the
    issue of striking off the defence in the
    following words:

    8. Section 24 of the Act empowers the
    matrimonial court to award
    maintenance pendente lite and also
    litigation expenses to a needy and
    indigent spouse so that the
    proceedings can be conducted without
    any hardship on his or her part. The
    proceedings under this Section are
    summary in nature and confers a
    substantial right on the Applicant
    during the pendency of the
    proceedings. Where this amount is not
    paid to the applicant, then the very
    object and purpose of this provision
    stands defeated. No doubt, remedy of
    execution of decree or order passed
    by the matrimonial court is available
    Under Section 28A of the Act, but the
    same would not be a bar to striking
    off the defence of the spouse who
    violates the interim order of
    maintenance and litigation expenses
    passed by the said Court. In other
    words, the striking off the defence of
    the spouse not honouring the court’s
    interim order is the instant relief to

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 29 of 36
    the needy one instead of waiting
    endlessly till its execution Under
    Section 28A of the Act. Where the
    spouse who is to pay maintenance
    fails to discharge the liability, the
    other spouse cannot be forced to
    adopt time consuming execution
    proceedings for realising the amount.

    Court cannot be a mute spectator
    watching flagrant disobedience of the
    interim orders passed by it showing
    its helplessness in its instant
    implementation. It would, thus, be
    appropriate even in the absence of any
    specific provision to that effect in the
    Act, to strike off the defence of the
    erring spouse in exercise of its
    inherent power Under Section 151 of
    the Code of Civil Procedure read with
    Section 21 of the Act rather than to
    leave the aggrieved party to seek its
    enforcement through execution as
    execution is a long and arduous
    procedure. Needless to say, the
    remedy Under Section 28A of the Act
    regarding execution of decree or
    interim order does not stand
    obliterated or extinguished by striking
    off the defence of the defaulting
    spouse. Thus, where the spouse who
    is directed to pay the maintenance and
    litigation expenses, the legal
    consequences for its non-payment are
    that the defence of the said spouse is
    liable to be struck off.

    (emphasis supplied)

    (iv) The Delhi High Court in
    Satish Kumar v. Meena
    MANU/DE/0771/2001 : 2001

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 30 of 36
    (60) DRJ 246 held that the
    Family Court had inherent
    powers to strike off the defence
    of the Respondent, to ensure
    that no abuse of process of the
    court takes place. The Delhi
    High Court in Smt. Santosh
    Sehgal v. Shri Murari Lal
    Sehgal,
    MANU/DE/2213/2006
    : AIR
    2007 Delhi 210 framed the
    following issue for
    consideration: “Whether the
    appeal against the decree of
    divorce filed by the Appellant-

    wife can be allowed
    straightway without hearing the
    Respondent/husband in the
    event of his failing to pay
    interim maintenance and
    litigation expenses granted to
    the wife during the pendency of
    the appeal.”

    The reference was answered as
    follows:

    5. The reference to the portion of the
    judgment in Bani‘s case extracted
    herein-above would show that the
    Punjab and Haryana High Court and
    Orissa Page 2216 High Court have
    taken an unanimous view that in case
    the husband commits default in
    payment of interim maintenance to
    his wife and children then he is not
    entitled to any matrimonial relief in
    proceedings by or against him.
    The
    view taken by Punjab and Haryana
    High Court in Bani‘s case has been
    followed by a Single Judge of this

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 31 of 36
    Court in Satish Kumar v. Meena. We
    tend to agree with this view as it is in
    consonance with the first principle of
    law. We are of the view that when a
    husband is negligent and does not pay
    maintenance to his wife as awarded
    by the Court, then how such a person
    is entitled to the relief claimed by him
    in the matrimonial proceedings. We
    have no hesitation in holding that in
    case the husband fails to pay
    maintenance and litigation expenses
    to his wife granted by the Court
    during the pendency of the appeal,
    then the appeal filed by the wife
    against the decree of divorce granted
    by the trial court in favor of the
    husband has to be allowed. Hence the
    question referred to us for decision is
    answered in the affirmative. The
    Court concluded that if there was non-

    payment of interim maintenance, the
    defence of the Respondent is liable to
    be struck off, and the appeal filed by
    the Appellant-wife can be allowed,
    without hearing the Respondent. (v)
    The Punjab and Haryana High Court
    in Gurvinder Singh v. Murti and
    Ors.19
    was considering a case where
    the trial court stuck off the defence of
    the husband for non-payment of ad-
    interim maintenance. The High Court
    set aside the order of the trial court,
    and held that instead of following the
    correct procedure for recovery of
    interim maintenance as provided
    Under Section 125 (3) or Section 421
    of the Code of Criminal Procedure,
    the trial court erred in striking off the
    defence of the husband. The error of

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 32 of 36
    the court did not assist in recovery of
    interim maintenance, but rather
    prolonged the litigation between the
    parties.

    (vi) The issue whether defence can be
    struck off in proceedings Under
    Section 125 Code of Criminal
    Procedure came up before the
    Madhya Pradesh High Court in
    Venkateshwar Dwivedi v. Ruchi
    Dwivedi.20 The
    Court held that
    neither Section 125(3) of the Code of
    Criminal Procedure, nor Section 10 of
    the Family Courts Act either
    expressly or by necessary implication
    empower the Magistrate or Family
    Court to strike off the defence. A
    statutory remedy for recovery of
    maintenance was available, and the
    power to strike off defence does not
    exist in a proceeding Under Section
    125
    Code of Criminal Procedure.
    Such power cannot be presumed to
    exist as an inherent or implied power.

    The Court placed reliance on the
    judgment of the Kerala High Court in
    Davis v. Thomas,21 and held that the
    Magistrate does not possess the power
    to strike off the defence for failure to
    pay interim maintenance.

    
                    Discussion and Directions                          on
                    Enforcement   of Orders                            of
                    Maintenance
    
                    95. The order or decree of
    

    maintenance may be enforced like a
    decree of a civil court, through the
    provisions which are available for
    enforcing a money decree, including

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 33 of 36
    civil detention, attachment of
    property, etc. as provided by various
    provisions of the Code of Civil
    Procedure
    , more particularly Sections
    51, 55, 58, 60 read with Order XXI.

    16. As far as awarding the monetary reliefs is

    concerned, there can be no straight jacket formula
    which can be employed while determining the
    income of the husband. Therefore, some
    guesswork on the part of the courts is inevitable
    since the parties have the tendency to hide their
    true income also. In this context, the observations
    of the Hon’ble Delhi High Court in case of “X”
    vs. State & Anr.
    decided on 28.07.2025 vide
    neutral citation No. 2025:DHC:6114 can be
    beneficially relied, wherein has been held:

    21. It is also common
    knowledge and has been
    observed by this Court in
    many cases that it is a normal
    tendency of the parties,
    especially in matrimonial
    disputes to not disclose their
    true income. The Courts in
    such circumstances are
    permitted to make some
    guess work and arrive at a
    figure that a party may
    reasonably be earning (Ref:

    Bharat Hegde v. Saroj
    Hegde
    : 2007 SCC OnLine
    Del 622). Consequently, in
    such circumstances, the

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 34 of 36
    assessment of Respondent
    No. 2’s monthly income at
    ₹20,000/- is correct.

    22. This Court in the case of
    Annurita Vohra v. Sandeep
    Vohra
    : 2004 (74) DRJ 99
    had observed that the court
    should initially determine the
    net disposable income of the
    Husband or the primary
    earner within the family. If
    the other spouse is also
    employed, those earnings
    should be taken into
    consideration. This collective
    income forms the Family
    Resource Cake, which is then
    distributed among the family
    members. The allocation of
    this “cake” should align with
    the financial needs of each
    family member, and an
    equitable approach would
    involve dividing the Family
    Resource Cake into two
    portions for the Husband,
    acknowledging his additional
    expenses incurred in earning,
    and one portion each for the
    other members.

    17. As Respondent No.1 has not filed the income and

    assets affidavit, this Court deems it fit to award
    maintenance based on the Minimum wages as
    applicable to semi-skilled workers in Delhi and
    the same being Rs. 21,813/- which is inclusive

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 35 of 36
    dearness allowance.

    18. Pressing into service the approach as referred

    above by the Hon’ble High Court, the said
    income is to be treated as the ‘family resource
    cake’ and the same is to be equitably distributed
    accordingly between the family members taking
    into account their needs. The Appellant is not
    gainfully employed anywhere as per her affidavit
    of income and assets. Therefore, this Court deems
    it appropriate that the amount of maintenance to
    be paid by Respondent No. 1 be determined at Rs
    12,000 per month i.e. Rs 4,000 each for wife and
    two minor children applicable from the date of
    filing of the Application. Arrears of Maintenance
    to be paid within 30 days of the passing of the
    order.

    19. In light of the above, the Appeal stands allowed

    qua Respondent No.1.

    20. TCR record be sent back to Ld. Trial Court

    alongwith copy of this order.

    21. File be consigned to Record Room after due

    compliance.

    Copy of this order be given dasti, as prayed.

    Ashish
    (ASHISH RASTOGI)
    Rastogi
    Addl. Sessions Judge -05 Digitally signed
    by Ashish Rastogi
    KKD Courts/EastDstt./Delhi Date: 2026.03.07
    Announced in the open court 16:59:16 +0530
    on this 7th March 2026

    CA No.29/2025 Afsana Mansoori Vs. Shaukeen Ahmad Masnoori Page 36 of 36



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