Back
BOMBAY HIGH COURT
VICKY S/O. GORGE RATHOD AND OTHERS – Appellant
Versus
ANITA W/O. VICKY RATHOD AND ANR – Respondent
How to determine maintenance under DV Act, 2005 when appellate court re-evaluates evidence? What is what are the grounds to interfere with maintenance orders under Article 227 jurisdiction? What is the appropriate quantum of maintenance for wife and minor daughter given the salary evidence?
Key Points: - The court upheld the appellate court's maintenance order and emphasized evidence in domestic violence cases (!) (!) . - The petition under Article 227 challenged prior maintenance orders and the High Court did not interfere, affirming the appellate court's findings (!) (!) . - The maintenance awarded: Rs.2500 per month to wife and Rs.1500 to minor daughter, based on petitioner’s salary Exh.31 (Rs.8602 gross) (!) . - The case discusses relevant statutory provisions: DV Act, Section 3, and maintenance considerations under case law cited (Kalyan Dey Chowdhury v. Rita Dey Chowdhury; Dr. Kulbhushanan Kumar v. Raj Kumari) (!) . - The mediation report was considered, noting mediation failed and marked for identification (!) . - The petitioners’ arguments included restitution of conjugal rights and alleged lack of evidence of domestic violence; appellate findings addressed these (!) (!) (!) . - The order was defended as just and proper given evidence on record and salary details (!) (!) . - Fees for appointed counsel from Legal Services Authority were provided (!) . - The court’s coram and date: Y.G. Khobragade, J.; date 10.01.2025 (!) .
JUDGMENT :
(Y.G. KHOBRAGADE, J.)
1. As per order dated 16.07.2024, the Mediator has submitted it’s report dated 16.10.2024 stating that the Mediation is failed. The said report is taken on record and marked ‘X’ for identification.
2. Rule. Rule made returnable forthwith. Heard finally with consent of both the sides at the stage of admission.
3. The petitioners have invoked jurisdiction of this Court under Article 227 of the Constitution of India and questioned legality and validity of the Judgment and order dated 21.06.2018 passed by the Additional Sessions Judge, Shrirampur, in Criminal Appeal No.40/2014 thereby judgment and order dated 01.11.2014 passed by the learned JMFC, Shrirampur, in Criminal Misc. Application No.307/2010 has been partly quashed and set aside. Further the Petitioner No.1/Ori. Non-Applicant No.1 directed to pay monthly maintenance @ Rs.2500/- per month to the Applicant/Wife and Rs.1500/- per month to the minor daughter-Rechal. The Respondent no. 1 wife is a original Applicant and the Petitioners are original Non-Applicants in Criminal Misc. Application No.307/2010.
4. Facts giving rise to the present petition are that, Petitioner No.1 is the Husband of the Respond
The court affirmed the appellate court's maintenance order, emphasizing the necessity of evidence in domestic violence cases and the reasonableness of the awarded amounts.
Interim maintenance under the Protection of Women from Domestic Violence Act should reflect the financial status of the parties and the needs of the child, with 25% of the husband's net salary as a r....
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....
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 court's discretion in modifying maintenance orders and the consideration of the financial status and obligations of the parties.
A wife must establish a prima facie case of domestic violence to be entitled to interim maintenance under the Domestic Violence Act, considering both parties' financial statuses.
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
