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JAY SENGUPTA
Kaushik Ghosh – Appellant
Versus
Shatarupa Ghosh @ Shatarupa Brahma – Respondent
JUDGMENT :
(Jay Sengupta, J.) :
1. The three revisional applications at hand pertain to a proceeding under Section 23 of the Protection of Women from Domestic Violence Act. CRR No. 3428 of 2018 is an application under Article 227 of the Constitution of India filed by the husband challenging an order dated 19.09.2018 passed by the Learned Metropolitan Magistrate, 16th Court, Calcutta in Misc. Case No. 108 of 2017, thereby directing the husband to pay a sum of Rs. 50,000/-as monetary relief and a sum of Rs. 25,000/-as expenses for alternative accommodation per month to the wife from the date of application, i.e. 20.09.2017. CRR 1267 of 2019 is a revision preferred by the husband under Sections 401 and 482 of the Code challenging an order dated 15.02.2019 passed by the Learned Chief Judge, City Sessions Court, Calcutta in Criminal Appeal No. 95/2018, thereby directing him to pay interim maintenance to the tune of Rs. 40,000/-per month to the wife and Rs. 50,000/-per month for her alternative accommodation from the date of passing of the order by the learned Magistrate, i.e. 19.09.2018 and further directing the husband to pay Rs. 4 lakhs as a lump sum as arrear maintenance along with t
The main legal point established in the judgment is the interpretation of domestic violence under the Protection of Women from Domestic Violence Act, the applicability of Section 188 of the Code of C....
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.
Domestic violence legislation mandates adequate monetary relief for the aggrieved spouse, with courts retaining jurisdiction to modify relief only under exceptional circumstances, substantiated by ev....
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.
The main legal point established in the judgment is the interpretation and application of Section 23 of the Act No. 43 of 2005, which empowers the Magistrate to grant interim monetary relief to aggri....
Quantum of maintenance must be decent and adequate.
The court established that economic abuse constitutes domestic violence under the DV Act, and that interim relief can be granted based on a prima facie case rather than requiring conclusive evidence.
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