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BIVAS PATTANAYAK
Chandra Rani Gupta – Appellant
Versus
Swapan Kumar Gupta – Respondent
JUDGMENT
Bivas Pattanayak, J. - The present revisional application has been filed by the petitioner-wife under Section 401 of the Code of Criminal Procedure for setting aside order dated 17.06.2016 passed by Learned Additional District & Sessions Judge, 13th Court, at Alipore, 24-Parganas (South) in Criminal Appeal No.162/2014.
2.The brief fact of the case is as follows:-
(i) On 21.01.2010 the petitioner filed an application being AC- 113/2010 under Sections 18,19,20 and 22 of the Protection of Women from Domestic Violence Act, 2005 with a prayer for a direction upon the opposite party no.1-husband to pay rent to the tune of Rs.3000/- per month and maintenance of Rs. 5000/- per month.
(ii) Upon hearing the Learned Judicial Magistrate, 10th Court, at Alipore, 24-Parganas (South) disposed of the application on 10.07.2013, directing the opposite party no.1-husband to pay Rs. 2000/- per month towards alternative accommodation and Rs. 4000/- per month as monthly maintenance.
(iii) On 11.09.2013, the petitioner-wife filed an application under Section 25 (2) of the Act for modification and enhancement of the amount that was granted in her favour towards alternative accommodation and monthly ma
The main legal point established in the judgment is that the increase in the husband's pension and income from other sources can warrant the enhancement of maintenance and rent for alternative accomm....
The Domestic Violence Act provides for multiple forms of relief for women, and courts have the discretion to grant appropriate relief based on the circumstances, even if some claims are dismissed.
The duty of a husband to maintain his wife and provide alternative accommodation under the Protection of Women from Domestic Violence Act, 2005 is upheld based on evidence of income and living arrang....
The court established that applications for maintenance under the D.V. Act must be properly categorized, and the Magistrate has the authority to modify maintenance orders based on changed circumstanc....
The court must consider the financial status of both parties while modifying maintenance orders, adhering to established legal guidelines for justice. Absence of proper financial disclosures from bot....
The quantum of maintenance under the Protection of Women from Domestic Violence Act, 2005 should be fair and reasonable, taking into account the standard of living of the parties involved.
Point of Law : It is a trite proposition of law that the wife and children have to live in commensurate with the status of her husband.
Maintenance must be just and reasonable, balancing the financial status of the husband and standard of living accustomed to by the wife, while concurrent factual findings should only be disturbed if ....
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