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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
V.R.K.KRUPA SAGAR, J.
Palaparthi Shebha and Others – Appellants
Versus
The State Of Andhra Pradesh and Others – Respondents
Criminal Revision Case No.1115 of 2023
Decided on : 16-07-2024
Maintenance - Domestic Violence - CrPC Sections 397, 401, 125(2) - The court emphasized the legal obligation of a husband to maintain his wife and child, interpreting the discretion in awarding maintenance from the date of application as essential for justice.
Fact of the Case:
A married woman and her minor child filed for maintenance under the Domestic Violence Act against the husband. The trial court granted interim maintenance from the date of application, which the appellate court modified to a later date, prompting the revision petition.
Finding of the Court:
The appellate court's modification was based on facts not in the record, leading to an improper decision. The trial court's order was deemed correct as it aligned with the legal obligation of the husband to provide maintenance.
Issues: Whether the appellate court's modification of the maintenance order was legally justified or constituted an error requiring intervention.
Ratio Decidendi: The court held that maintenance should typically be awarded from the date of application, as established in precedent, and that the appellate court's reliance on unrecorded facts was improper.
Result: The revision petition is allowed, restoring the trial court's order for maintenance from the date of application.
ORDER :
1. This criminal revision filed under Sections 397 and 401 of the CrPC impugns the order passed by learned Sessions Judge, Mahila Court, Visakhapatnam on 10.08.2023 in Crl.A.No.97 of 2021. A married woman and her minor child are the revision petitioners herein. Respondent No.2 is the husband of 1st petitioner and father of 2nd petitioner. Respondent No.1 is State.
2. DVC.No.22 of 2018 on the file of learned IV Additional Chief Metropolitan Magistrate, Visakhapatnam is under section 12 seeking reliefs under sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. The married woman and her minor child filed such application as against R2 herein and six others.
3. During the pendency of the said DVC, the aggrieved woman and her child filed Crl.M.P.No.1110 of 2019 under section 23 of the Act, 2005 seeking various interim measures. After due enquiry, by an order dated 20.08.2019, the learned trial court passed the order in the following terms: -
b. The rest of the prayer claimed by the petitioner is hereby dismissed.”
4. Aggrieved by that order, the respondent/ husband preferred Crl.A.No.97 of 2021 before the learned Sessions Judge, Mahila Court, Visakhapatnam. After due hearing, by an order dated 10.08.2023, it partly allowed the appeal and the operative portion of the order reads as below: -
5. Thus, the learned appellate court agreed with the decision of the learned trial court with reference to the legal need and necessity on part of the husband in maintaining his wife and minor child and also affirmed the quantum of monthly maintenance. However, the learned appellate court modified the trial court’s order only with reference to the date from which the awarded maintenance amounts were to be paid. Learned trial court granted interim maintenance from the date of application i.e., on 24.04.2019. Whereas the appellate court set aside that part of the order and directed the interim maintenance to be paid from 01.04.2022.
6. Aggrieved by that modification, the woman and the child preferred this revision.
7. Heard Sri A.Sai Naveen, the learned counsel for revision petitioners and Sri K. Suresh Kumar Reddy, the learned counsel for respondent No.2.
8. Learned counsel for revision petitioners submits that the learned appellate court modified the trial court’s order on facts which were never part of the record and the modification is not inconsonance with the law laid down in Rajnesh V. Neha, 2021 (2) SCC 324. The error requires immediate correction as the effect of the erroneous order would make the revision petitioners to lose Rs.9,90,000/-. Therefore, in this revision, this court may have to interfere.
9. Learned counsel for respondents submits that it is only a matter of interim measure that was granted and considering the true facts, the learned appellate court modified the order of the learned trial court and the modification ordered by the appellate court cannot be considered as causing any injustice especially when the main DVC is still pending and therefore the revision powers of this court may not be exercised in this case and the revision may be dismissed.
10. The point that fall
The court reaffirmed that maintenance for a wife and child should be awarded from the date of application, emphasizing the husband's legal obligation to provide support.
Monthly maintenance is to be granted to wife and child from date of petition.
Monthly maintenance is to be granted to wife and child from date of petition.
The revisional court must provide reasons for altering the effective date of maintenance orders under S.125 of the Cr.P.C.
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
A wife must establish a prima facie case of domestic violence to be entitled to interim maintenance under the Domestic Violence Act, considering both parties' financial statuses.
The central legal point established in the judgment is the obligation of the husband to provide maintenance under Section 125 Cr.P.C. to prevent destitution and support the wife and children.
Interim maintenance under the Domestic Violence Act is a provisional measure to prevent financial hardship, based on a broad assessment of parties' status, and is not a final determination of entitle....
An order reducing interim maintenance allowances without recording reasons cannot be sustained in the eye of the law.
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