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S. K. PANIGRAHI
Krushna Chandra Pattnayak – Appellant
Versus
Swagatika Swain @ Kaberi Swain – Respondent
JUDGMENT
Dr. S.K. Panigrahi, J.—The Petitioners in both the CRLREVs have challenged the legality of the order dated 25.10.2019 passed in Misc. Case No. 229/2015 / Comp. No. 174/2018 by the learned Asst. Sessions Judge (Womens’), Jagatsinghpur, in proceedings under the Protection of Women from Domestic Violence Act, 2005 which has been confirmed by judgment dated 06.09.2021 passed in CRLA No. 35/2019 by the learned Sessions Judge, Jagatsinghpur.
2. The learned A.S.J.(w), Jagatsinghpur passed the order dated 25.10.2019 partly allowing the prayer of the Opposite Party and passed order of protection under section 18 of the P.W.D.V. Act and directed the Petitioner to provide monetary relief to the Opposite Party by giving an amount of Rs.3,000/- per month towards her maintenance from the date of order under section 20 of the P.W.D.V Act.
3. Through CRLREV No.419 of 2021, the petitioner seeks the quashment of the impugned order with respect to the allowance of maintenance. Through CRLREV No.484 of 2021, the Opposite Party has prayed for increasing the amount of maintenance, share in ancestral property and return of Stridhan property and dowry articles.
I. Facts of the Case:
4. The concise
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.
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.
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 need for specific and substantial allegations of domestic violence to support proceedings under the Protection of Women from Domestic Violence Act, 2005.
The main legal point established in the judgment is that a divorced woman is entitled to the right of residence under S.17 of the Protection of Women from Domestic Violence Act, 2005 only if she is i....
The court affirmed that domestic violence encompasses various forms of abuse, and maintenance should be awarded from the date of the application under the DV Act, not the date of the order.
The main legal point established in the judgment is that the aggrieved person has the right to seek relief under the Domestic Violence Act at any stage, even if living separately from the respondent.
(1) Ratio of decision is apposite to the facts and circumstances.(2) Cannot be said that no protection relief has been sought for against the present petitioner.
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.
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