IN THE HIGH COURT OF BOMBAY (AURANGABAD BENCH)
P.R. BORA, J.
Vishal - Appellant
Versus
Sow. Aparna - Respondent
Criminal Revision Application No. 203 of 2017
Decided On : 13-06-2018

Headnote:

Hindu Marriage Act, 1955 – Section 24 – Code of Criminal Procedure, 1973 – Section 125 – Protection of Women from Domestic Violence Act, 2005 – Sections 20, 23 – Monthly Maintenance – Question which falls for consideration in the present criminal revision application is, whether interim monthly maintenance directed to be paid under Section 23 read with Section 20(1)(d) of The Protection of Women from Domestic Violence Act, 2005 can be adjusted against the amount of maintenance awarded under Section 125 of The Code of Criminal Procedure – Held, Two proceedings were filed by the wife with a gap of one day. – The application under the DV Act was filed on 26th August, 2014; whereas the application under Section 125 of Cr.P.C. was filed – In the proceeding under the DV Act, interim order came to be passed whereby the husband was directed to pay interim maintenance to the present respondents @ Rs.2,000/- and Rs.1,000/- respectively. – The application under Section 125 of Cr.P.C. was finally decided later on – Magistrate awarded the maintenance @ Rs. 3,000/- to the wife and @ Rs. 2,000/- to the daughter and the husband was directed to pay the said amount from the date of application – Fact that the interim maintenance was awarded under the DV Act was not brought to the notice of the learned Magistrate while deciding the application under Selection 125 of Cr.P.C. either by the wife or by the husband. – Magistrate held the proved income of the husband to the tune of Rs.15,000/- per month and accordingly granted maintenance to the wife @ Rs.3,000/- and to the daughter @ Rs. 2,000/- per month. – The wife has not challenged the order passed under Section 125 of Cr.P.C. – Therefore, it can be reasonably inferred that the amount of maintenance awarded by the learned Magistrate is adequate and sufficient to meet her requirements to lead life of her standard. – When the interim order came to be passed under the DV Act, there was no other order in existence awarding any maintenance to the wife and the daughter. – Therefore, it cannot be said that the amount, as has been awarded by way of interim maintenance under the DV Act, is in addition to the amount of maintenance awarded under any other provision of law. – Had there been any earlier order in existence awarding some maintenance to the respondents and in spite of the said order, if the learned Magistrate dealing with the proceeding under the DV Act, by recording reasons, would have granted some more amount by way of maintenance in addition to the maintenance already granted in favour of the aggrieved person, the position would have been different. – In such a case, the adjustment could not have been permissible. – In the instant matter, since the interim maintenance awarded under the DV Act is not in addition to the amount already granted in any other civil or criminal proceeding, the same is certainly liable to be adjusted against the amount of maintenance finally awarded under Section 125 of Cr.P.C. even though the husband has not challenged the said order before any higher court. – Counsel for the respondents sought to rely upon the decision of Single judge of this Court in the case of Prakash Babulal Dangi, it is brought to my notice that the Honble Apex Court in SLP (Cree.) has stayed the operation of the said order and has directed the husband to continue to pay the maintenance as awarded under the DV Act. – It is not in dispute that in the aforesaid case, the amount of maintenance awarded under the DV Act is higher than the amount awarded under Section 125 of Cr.P.C. – Thus, the higher amount only is made payable by the Honble Apex court. – Circumstances and legal provisions discussed herein above, the impugned order passed by the learned Judge of the Family Court, Latur, cannot be sustained and deserves to be quashed and set aside. – It is accordingly quashed and set aside. – It is directed that while computing the amount of maintenance payable to the respondents for the period from 27.8.2014 to 26.8.2015, as per the order passed under Section 125 of Cr.P.C., the learned Judge of the Family Court shall take into account the amount of maintenance paid by the husband under the DV Act for the aforesaid period and adjust the said amount against the amount payable under Section 125 of Cr.P.C. – Criminal Revision Application Allowed