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B. V. NAGARATHNA, N. KOTISWAR SINGH
S Vijikumari – Appellant
Versus
Mowneshwarachari C – Respondent
JUDGMENT :
NAGARATHNA, J.
Leave granted.
2. Being aggrieved by the order dated 06.04.2023 passed in Criminal Revision Petition No.674/2022 by the High Court of Karnataka at Bengaluru, the appellant who is the wife of the respondent has preferred this appeal.
3. Briefly stated, the facts are that the appellant-wife had filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as “the Act”). The said petition, i.e., Criminal Miscellaneous No.6/2014 was allowed by the learned Magistrate by order dated 23.02.2015, granting Rs.12,000/- (Rupees Twelve Thousand only) per month as maintenance and Rs.1,00,000/- (Rupees One Lakh only) towards compensation. At this stage itself, it may be mentioned that the respondent-husband did not let in any evidence in the said proceeding. Being aggrieved by the order of the learned Magistrate, the respondent filed an appeal under Section 29 of the Act which was dismissed by the Appellate Court on the ground of delay. The aforesaid orders attained finality as they were not assailed by the respondent herein.
4. Thereafter, the respondent filed an application under Section 25 of the Act before the lear
Maintenance – Alteration, modification or revocation of order granting maintenance – Change in circumstance must occur only after an initial order is made under Section 12 of Domestic Violence Act, 2....
The court established that applications for maintenance under the D.V. Act must be properly categorized, and the Magistrate has the authority to modify maintenance orders based on changed circumstanc....
Proceeding under Section 125 of the Cr.P.C. therefore should precede a proceeding under Section 127 of the Cr.P.C.
The court affirmed that domestic violence encompasses various forms of abuse, and maintenance should be awarded from the date of the application under the DV Act, not the date of the order.
The need for adjustment or set-off of maintenance amounts awarded in previous proceedings under different statutes.
The Court emphasized the importance of awarding maintenance from the date of application in cases of domestic violence, as per the legal dictum laid down by the Hon'ble Supreme Court.
The main legal point established is the appealability of orders under Sections 12 and 23 of the Protection of Women from Domestic Violence Act, 2005, and the limited scope for interference by the app....
The substantial right to appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 is of importance and should be considered as the appropriate remedy.
The Domestic Violence Act provides for multiple forms of relief for women, and courts have the discretion to grant appropriate relief based on the circumstances, even if some claims are dismissed.
The court clarified the nature of interlocutory orders and their impact on the rights of the parties involved.
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