R. G. AVACHAT
Masudi Jatansingh – Appellant
Versus
Jatansingh Pratap – Respondent
JUDGMENT/ORDER
1. Rule. Rule made returnable forthwith and heard finally with consent of learned counsel for the parties.
2. The challenge in this writ petition, under Article 227 of the Constitution of India, is to a common judgment and order dtd. 13/5/2019 passed by the learned Additional Sessions Judge, Nandurbar in Criminal Appeal Nos. 13 and 18 of 2018. Both those appeals were preferred under Sec. 29 of the Protection of Women from Domestic Violence Act, 2005 (for short, 'PWDV Act'), against the judgment and order dtd. 25/7/2018, passed by the learned Judicial Magistrate First Class (J.M.F.C.), Navapur in Criminal Miscellaneous Application No.18 of 2014, preferred under Sec. 12 of the PWDV Act. The learned J.M.F.C. partly allowed the application (Criminal Misc. Application No.18 of 2014) directing the respondent No.1 herein to pay the petitioner a sum of Rs.1,000.00 per month towards monetary relief/maintenance from the date of application and Rs.500.00 per month towards rent of alternate accommodation from the date of the order. The respondent No.1 was further directed to pay the petitioner a sum of Rs.5,000.00 and Rs.3,000.00 as compensation and cost of the proceedings, respec
Allegations of domestic violence must be proven for entitlement to reliefs under the DV Act, and the court may consider the respondent's financial resources in determining maintenance allowance.
The main legal point established in the judgment is the entitlement to relief under the PWDV Act based on the finding of a domestic relationship, and the permissibility of adjustment of maintenance a....
Domestic violence legislation mandates adequate monetary relief for the aggrieved spouse, with courts retaining jurisdiction to modify relief only under exceptional circumstances, substantiated by ev....
Quantum of maintenance must be decent and adequate.
The main legal point established in the judgment is that a widowed daughter-in-law is entitled to maintenance and other relief from her father-in-law according to the provisions of the PWDV Act.
The Domestic Violence Act permits an aggrieved person to seek maintenance even after the dissolution of marriage, provided there is evidence of domestic violence, and the definitions of 'aggrieved pe....
The entitlement of reliefs under the Protection of Women from Domestic Violence Act, 2005, is based on the occurrence of domestic violence and the suffering of the aggrieved person, as established by....
Award of maintenance – It is not mandatory for aggrieved person to have actually lived or resided with those persons against whom allegations have been levelled at the time of seeking relief.
The court must evaluate maintenance claims based on financial capacity and standard of living, rather than equalization of wealth post-separation.
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.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.