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S. RACHAIAH
Lakshmamma – Appellant
Versus
Rajegowda – Respondent
JUDGMENT
1. This Criminal Revision Petition is filed by the petitioner, seeking to set aside the judgment and order dtd. 29/4/2014 in Crl.A.No.56/2012 on the file of the Court of the Additional Sessions Judge at Hassan and further seeks for confirmation of order of maintenance passed by the Court of II Additional Civil Judge and J.M.F.C., Hassan dtd. 30/3/2012 in Crl.Mis.No.28/2009.
BRIEF FACTS OF THE CASE ARE AS UNDER:
2. It is the case of the petitioner is that, her marriage with the respondent was solemnized on 17/6/1982. The petitioner lived with the respondent for a period of 20 years. The couple had three children. It is the contention of the petitioner that, she was being harassed by the respondent, both physically and mentally, on every day. Even though she tried to live with the respondent by adjusting to the physical and mental cruelty, she could not tolerate the cruelty of the respondent. The petitioner further stated that, day-by-day, the respondent used to increase the cruelty, consequently, she had to leave the matrimonial home and started residing separately. Since the petitioner was unable to lead her life independently without any means, she had to file Miscellaneou
To claim maintenance under the DV Act, the petitioner must establish both a domestic relationship and a shared household, along with proof of domestic violence.
Maintenance under the Domestic Violence Act can only be granted if the victim proves domestic violence as defined under the Act.
The main legal point established in the judgment is the retrospective effect of the Protection of Women from Domestic Violence Act, 2005, and the entitlement of maintenance to the aggrieved person, e....
The court emphasized that a compromise settlement does not erase the domestic relationship, particularly when the divorce is disputed, and reinstated the interim maintenance awarded to the petitioner....
A divorced individual lacks the status of an aggrieved person under the Domestic Violence Act, and thus is not entitled to claim residence rights post-divorce.
Valid marital status must be established to claim maintenance under the Domestic Violence Act; mere assertions without supportive evidence are insufficient.
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