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JYOTSNA SHARMA
Naimullah Sheikh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Jyotsna Sharma, J.—Heard Sri Khurshed Alam, learned counsel for the petitioners, Sri Mohd. Warish Khan, learned counsel for the respondent nos. 2, 3 and 4 and learned AGA for the State.
2. This petition under Article 227 of the Constitution of India has been filed by parents of three daughters who are respondent nos. 2, 3 and 4, challenging the order dated 30.05.2022 passed by the Judicial Magistrate, F.T.C., Court No. 2, Deoria in Case no. 4782 of 2020 (Hina and Others vs. Naimullah and Another) filed under the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the DV Act’) and further to challenge the order dated 08.12.2022 passed in Criminal Appeal No. 40 of 2022, by which the order of the trial court was affirmed.
3. The facts relevant for the purpose of this petition are as below:—
(i) Km. Hina, Km. Tabassum and Km. Tarannum filed a case under section 12 of the DV Act, claiming maintenance with the submissions in brief that their real mother Naseema Khatun died in February 2015 and that their father married another woman during the life time of their deceased mother and that now their father and step-mother have been mistreating, physi
Maintenance – Unmarried daughter, whether Hindu or Muslim has right to obtain maintenance, irrespective of her age – Courts have to look for other laws applicable when question pertains to right to b....
The DV Act provides a broad scope of monetary relief, including maintenance for aggrieved persons and their children, and establishes the independent right of unmarried daughters to obtain maintenanc....
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 that an application under Section 26 of the DV Act for maintenance is an independent remedy and should be decided on its merits, taking into accoun....
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.
Point of law: Maintenance - Grant of maintenance under the DV Act would not be a bar to seek maintenance under Section 24 of HMA -Court does not find any infirmity or illegality in the order impugned....
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.
The court must evaluate maintenance claims based on financial capacity and standard of living, rather than equalization of wealth post-separation.
A daughter who has attained majority is not entitled to maintenance under Section 125 Cr.P.C. unless she is unable to maintain herself due to physical or mental abnormality.
Maintenance under the Domestic Violence Act is supplementary to that under Section 125 of the CrPC, and previous awards must be disclosed and considered in subsequent claims.
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