Q: Discuss the citation of Sudhir Gupta v. Manisha Kumari @ Manisha Gupta [ CRL.M.C. 1117/2021 & CRL.M.A. 5684/2021 for maintenance of wife?

Ans: In the citation of Sudhir Gupta v. Manisha Kumari @ Manisha Gupta [ CRL.M.C. 1117/2021 & CRL.M.A. 5684/2021(stay),the petitioner got married with respondent in 2014 and gave birth to a child who later expired. Differences arose between the couple and the left the matrimonial house in 2016. Later, the respondent filed a petition under Section 12 of DV Act praying for direction to the petitioner herein to let the respondent herein reside in the shared household, granting injunction against the family members of the petitioner from repeating any acts of violence mentioned in the complaint and for grant of compensation of Rs.50,000/-. The respondent herein also filed an application under Section 23 of the DV Act for grant of maintenance of Rs.60,000/- per month. The learned Metropolitan Magistrate in 2018 declined to grant interim maintenance to the respondent herein on the ground that the respondent herein was working and that she, being a well-qualified spouse, is not entitled to interim maintenance.

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