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SUPREME COURT OF INDIA
Arun Mishra, Uday Umesh Lalit, JJ.
Kiran Patidar - Appellant
Versus
Sanjay Patidar - Respondent
Criminal Appeal No. 744 of 2018 (Arising out of SLP (Crl.) No. 1381 of 2017)
Decided On : 15-05-2018
Domestic Violence - Maintenance - Appellate Court's Modification of Order - Enhancement of Rent Amount
Fact of the Case:
The appellant filed an application under the Protection of Women from Domestic Violence Act, 2005, seeking sufficient space along with a toilet in the household without any restriction. The Judicial Magistrate First Class granted the appellant's request, but the Court of Sessions modified the order to provide expenses towards rent instead of separate space. The High Court affirmed the modified order, leading to the present appeal.
Finding of the Court:
The Court found that the appellant wife was receiving maintenance under Section 125 of Cr.P.C. and the Hindu Marriage Act, and the respondent husband had a handsome income from agricultural properties. Considering these factors and the appellant's residence in Ratlam, the Court enhanced the rent amount from Rs. 1500 to Rs. 3500 per month.
Issues: The main issue was the modification of the order by the Appellate Court regarding the provision of separate residence or rent amount to the appellant wife under the Protection of Women from Domestic Violence Act, 2005.
Ratio Decidendi: The Court's decision was influenced by the appellant's existing maintenance under other laws, the respondent's income, and the appellant's place of residence, leading to the enhancement of the rent amount to meet the ends of justice.
Final Decision: The Court directed the respondent-husband to pay the appellant-wife a sum of Rs. 3500 per month towards rent for separate residence, effective from 01.05.2018, and disposed of the appeal accordingly.
ORDER
1. Leave granted.
2. This appeal arises out of judgment and order dated 09.11.2016 passed by the High Court of Madhya Pradesh at Jabalpur, Indore Bench in Criminal Revision No. 798 of 2016.
3. The application preferred by the appellant under the Protection of Women from Domestic Violence Act, 2005 came to be allowed by the Judicial Magistrate First Class, Ratlam directing that sufficient space along with toilet be provided for the residence of the appellant in the household without any restriction and no obstruction be caused to the appellant. This order was modified in appeal by the Court of Sessions. Instead of separate space in the household, it directed that the appellant be given expenses towards rent quantified at Rs. 1500/- per month. The order passed by the Court of Sessions has been affirmed by the High Court which is presently under appeal.
4. It is a matter of record that in proceedings initiated under Section 125 of Cr.P.C., the appellant wife has independently been receiving amount of Rs. 2500/- per month towards maintenance. Further, in proceedings initiated under the Hindu Marriage Act, 1956, a sum of Rs. 2500/- per month also stands awarded to her, which she is presently receiving.
5. It is also a matter of record that the respondent-husband has been receiving handsome income from agricultural properties.
6. Considering the entirety of the matter and the fact that the appellant-wife is presently residing in Ratlam, the ends of justice would be met if the amount of Rs. 1500/- which was awarded to her in the present proceedings is enhanced to Rs. 3500/- per month.
7. We accordingly direct the respondent-husband to pay to the appellant-wife a sum of Rs. 3500/- per month towards rent for separate residence. The amount at the rate of Rs. 3500/- shall be paid to the appellant wife w.e.f. 01.05.2018.
8. The appeal stands disposed of accordingly.
9. Pending application, if any, shall stand disposed of.
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