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IN THE HIGH COURT OF CALCUTTA
Bivas Pattanayak, J.
Chandra Rani Gupta - Appellant
Versus
Swapan Kumar Gupta And Anr. - Respondent
CRR 3711 of 2016
Decided On : 23-08-2022
Domestic Violence - Maintenance - Protection of Women from Domestic Violence Act, 2005 - Sections 18, 19, 20, 22, 25(2), 29 - The court discussed and referenced Sections 18, 19, 20, 22, 25(2), and 29 of the Protection of Women from Domestic Violence Act, 2005. The key legal provisions interpreted include the entitlement of maintenance and alternative accommodation for the aggrieved party, the factors to be considered for enhancement of maintenance, and the obligations of the husband under the Act. The court's decision was influenced by the increase in the husband's pension and income from other sources, leading to the enhancement of maintenance and rent for alternative accommodation in favor of the petitioner-wife.
Fact of the Case:
The petitioner-wife filed for maintenance and alternative accommodation under the Protection of Women from Domestic Violence Act, 2005. The amount granted in her favor was later challenged and scaled down in the appeal. The petitioner sought enhancement of maintenance and alternative accommodation due to the increase in the husband's pension and income from other sources.
Finding of the Court:
The court found that the petitioner-wife was entitled to enhancement of maintenance and rent for alternative accommodation due to the increase in the husband's pension and income from other sources. The impugned judgment and order were set aside, and the husband was directed to pay an increased amount for maintenance and rent to the petitioner-wife.
Issues: The issues revolved around the entitlement of the petitioner-wife to enhancement of maintenance and rent for alternative accommodation under the Protection of Women from Domestic Violence Act, 2005, considering the increase in the husband's pension and income from other sources.
Ratio Decidendi: The court's decision was based on the husband's increased pension and income from other sources, which warranted the enhancement of maintenance and rent for alternative accommodation in favor of the petitioner-wife.
Final Decision: The impugned judgment and order were set aside, and the husband was directed to pay an increased amount for maintenance and rent to the petitioner-wife. The revisional application was disposed of, and all connected applications were also disposed of.
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 maintenance, which was registered as Misc. Case no. 01/2013.
(iv) The learned Judicial Magistrate,10th Court, at Alipore, disposed of the said application on 19.07.2014, directing the opposite party no.1- husband to pay Rs. 2500/- per month towards alternative accommodation and Rs.5000/- per month as maintenance.
(v) Challenging order dated 19.07.2014 as above, both petitioner and opposite party no.1 herein filed separate appeals before the Learned Sessions Judge, at Alipore, 24-Parganas (South) being no. 162/2014 and 152/2014 respectively under Section 29 of the Protection of Women from Domestic Violence Act,2005.
(vi)Both the aforesaid appeals were disposed of by a common judgement by learned Additional Sessions Judge,13th court, at Alipore, 24-Parganas(South) on 17.06.2016 as follows:-
'that the Criminal Appeal no.152 of 2014 and Criminal Appeal no.162 of 2014 be and the same are herby partly allowed on contest but without cost. The impugned order dated 19.07.2014 passed in Misc. Case no.1/13 is hereby modified to the effect that the appellant of Criminal Appeal no.152 of 2014 who is the respondent of Criminal Appeal no.162 of 2014 namely Swapan Kumar Gupta is directed Under Section 19(f) of P.W.D.V Act to pay Rs. 2000/- per month to Chandra Rani Gupta, appellant of Criminal Appeal no.162 of 2014 and respondent no.2/A.P of Criminal Appeal no. 152 of 2014 as rent for alternative accommodation. He further directed under section 20(d) of the P.W.D.V Act to pay Rs. 4750/- per month to Chandra Rani Gupta, appellant of Criminal Appeal no.162 of 2014 and respondent no.2/A.P of Criminal Appeal no.152 of 2014 as monetary relief for her maintenance. He shall make payment of Rs. 6750/- per month to Chandra Rani Gupta, appellant of Criminal Appeal no. 162 of 2014and respondent no.2/A.P of CriminalAppeal no. 152 of 2014 on the 10th day of each succeeding English Calendar month. The other parts of the impugned order are to remain as before'.
3.Being aggrieved by and dissatisfied with the aforesaid judgment and order the petitioner-wife has preferred the present revisional application.
4.None appeared on behalf of the opposite party no.1-husband inspite of service of notice.
5.Ms. Chandreyi Alam, learned advocate appearing for the petitioner-wife submitted that initially the petitioner-wife was favoured with an order of maintenance to the tune of Rs. 4000/-per month and Rs.2000/- per month towards alternative accommodation in AC 113 of 2010. Thereafter the petitioner-wife filed an application under Section 25 sub-section (2) of the Act for enhancement of maintenance to the extent of Rs.5000/- per month and alternative accommodation to the extent of Rs. 4000/- per month on the ground of escalation of monthly pension of the opposite party no.1-husband from Rs.10,435/-per m
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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