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IN THE HIGH COURT OF KARNATAKA AT KALABURAGI BENCH
M.G.UMA
Sunilkumar S/o Subhash Bolsure – Appellant
Versus
Roopa W/o Sunil Bolsure – Respondent
| Table of Content |
|---|
| 1. petitioner's challenge to maintenance order (Para 1 , 2) |
| 2. respondent's claims of marriage and relationship (Para 5 , 6 , 7) |
| 3. issues with respondent's marital status (Para 8 , 9) |
| 4. errors in trial and appellate courts' rulings (Para 10) |
ORDER :
1. The petitioner herein being respondent No.1 in Crl.Misc.No.512/2015 on the file of the learned Senior Civil Judge and JMFC, Basavakalyan [for short, ‘the Trial Court’] is impugning the order dated 28.10.2021 allowing Crl.Misc.No.512/2015 in part against the petitioner herein and directing him to pay monthly maintenance of Rs.5,000/- from the date of order, which was modified in Criminal Appeal No.5025/2022 on the file of the learned II-Additional District and Sessions Judge, Bidar sitting at Basavakalyan [for short, ‘the First Appellate Court’] vide judgment dated 10.10.2022, wherein the First Appellate Court dismissed the appeal and has ordered the petitioner herein to pay monthly maintenance of Rs.5,000/- to the respondent herein from the date of petition i.e., 01.01.2015 till her remarriage or death.
2. Facts of the case in brief are that the respondent herein as petitioner filed Crl.Misc.No.512/2015 before the Trial C
Valid marital status must be established to claim maintenance under the Domestic Violence Act; mere assertions without supportive evidence are insufficient.
The court upheld the broader definition of 'domestic relationship' in the Protection of Women from Domestic Violence Act, allowing maintenance claims from individuals in non-legally recognized marria....
A woman in a live-in relationship is entitled to maintenance under the Protection of Women from Domestic Violence Act, 2005, provided the relationship meets the definition of domestic relationship.
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 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.
Maintenance and compensation – Female Live-in-Partner can be granted relief under provisions of Domestic Violence Act, 2005.
The court affirmed that the DV Act provides protection based on the definition of 'domestic relationship,' even amid claims of prior marriages, and emphasized the need to utilize statutory appeal mec....
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