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IN THE HIGH COURT OF BOMBAY
Rajesh S. Patil, J.
Madhura Milind Gadgil - Appellant
Versus
Milind Neelkant Gadgil & Ors. - Respondents
Criminal Writ Petition No. 491 of 2020
Decided On : 28-11-2023
DOMESTIC VIOLENCE - MAINTENANCE UNDER D.V. ACT - D.V. Act, Sections 2(a), 2(k), 18, 19, 20, 22 - The court discussed the provisions of the Domestic Violence Act, particularly the definitions of 'aggrieved person' and 'monetary relief'. It emphasized that a woman can seek maintenance under the D.V. Act even after the dissolution of marriage, provided there is a history of domestic violence. The court highlighted that the Sessions Court erred in concluding that the maintenance application was not maintainable due to the divorce decree, as the appeal against the decree was pending. The court reaffirmed the broad applicability of the D.V. Act and the right of the aggrieved person to seek relief.
JUDGMENT
Rajesh S. Patil, J. - Rule. Rule made returnable forthwith.
This Criminal Writ Petition is filed under Article 227 of the Constitution of India challenges the Judgment and Order dated 25 July 2019 passed by the Additional Sessions Judge, Sangli, in Criminal Appeal No.150 of 2010, thereby setting aside the order of maintenance which was granted by the M.M. Court, Sangli, under the Domestic Violence Act (for short 'D.V. Act.').
FACTS:
2. It is undisputed that the Petitioner got married with Respondent No.1 on 26 May, 1990, at Miraj. On 5 July 1991, a female child namely Charuta alias Manasi, was born out of the said marriage.
3. The Petitioner has alleged that in the year 1997, Respondent No.1 drove her away from the matrimonial house and shortly thereafter, Respondent No.1 filed Divorce Petition No.27 of 1997 against the Petitioner, on the ground of cruelty, before the Court of Senior Division, Sangli. The Petitioner at the same time filed an Application for restitution of conjugal rights.
4. Divorce Petition filed by Respondent No.1 (husband) was allowed by judgment and order dated 17 August 2006 and application of the Petitioner (wife), for restitution of conjugal rights was dismissed.
5. On 3 October 2006, the Petitioner (wife) filed an Appeal challenging the divorce decree passed by the Court of Senior Division, Sangli. In the meanwhile, custody of the daughter was given to Respondent No.1 (husband).
6. On 29 September 2007, Charuta alias Manasi, daughter of the Petitioner (wife) and Respondent No.1 (husband), died by committing suicide.
7. The Petitioner (wife) filed an application under D.V. Act before the M.M. Court, Sangli, against Respondent No.1 (husband).
8. The M.M. Court, Sangli, after hearing the Application for maintenance, by its Judgment and Order dated 13 April 2010, allowed the Application of the Petitioner (wife) and granted maintenance of Rs.2,300/- per month (inclusive of rent) to be paid by Respondent No.1 (husband).
9. Respondent No.1 (husband) challenged the Order of maintenance, by filing an Appeal before the Sessions Court, by way of Criminal Appeal No.150 of 2010.
10. In the meantime, Appeal filed by the Petitioner (wife), challenging the divorce decree passed by the Court of Senior Division, Sangli, was allowed by the Judgment and Order dated 26 February 2013. Second Appeal filed by Respondent No.1 (husband) is admitted by this Court and is pending for hearing and final disposal.
11. The Sessions Court after hearing Criminal Appeal No.150 of 2010 of the Respondent No.1 (husband), wherein the Order of maintenance was under challenge, by its Judgment and Order dated 25 July 2019, allowed the Criminal Appeal by setting aside the Order of Maintenance.
12. Present Criminal Writ Petition challenges the Judgment and Order dated 25 July 2019 passed in Criminal Appeal No.150 of 2010.
13. This Court by its Order dated 10 February 2021 admitted the present Criminal Writ Petition and thereafter by Order dated 20 October 2023, matter was posted for hearing and final disposal.
SUBMISSIONS
14. Mr. Kathane made submissions on behalf of the Petitioner/Wife.
(ii) The Sessions Court committed a mistake by holding that the Application made by the Petitioner (wife) under Sections 18, 19, 20 and 22 of the Domestic Violence Act (for short 'D.V. Act') is not maintainable. Mr. Kathane further submitted that the Sessions Court did not consider the fact that the Petitioner (wife) had no place to reside of her own and had no source of income.
(iii) Mr. Kathane submitted that the Sessions Court committed an error by holding that Respondent No.1 (husband) did not have his own business and did not have sufficient income to pay compensation.
(iv) Mr. Kathane further submitted that the Sessions Court misdirected itself by holding that parties are separated by th
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....
A divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C., regardless of her marital status, emphasizing the husband's obligation to provide for his wife and children.
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 findings of the Family Court in a maintenance order under Section 125 of Cr.P.C. do not have a binding effect on the Courts dealing with the DV Act, and the order under Section 125 of Cr.P.C. can....
Quantum of maintenance must be decent and adequate.
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....
The main legal point established in the judgment is the court's discretion in modifying maintenance orders and the consideration of the financial status and obligations of the parties.
The main legal point established in the judgment is the entitlement of the wife to maintenance under Section 125 Cr.P.C. despite the divorce decree and permanent alimony awarded under the Hindu Marri....
(1) Even if a Muslim women has been divorced, she would be entitled to claim maintenance from her divorced husband, as long as she does not re-marry.(2) Quantum of maintenance – Wife is entitled to l....
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