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DEEPAK KUMAR TIWARI
Anusuiya Bai W/o Prem Prakash Bhuarya – Appellant
Versus
Prem Prakash Bhuarya S/o Jagdish Bhuarya – Respondent
ORDER :
1. Heard.
2. The revision has been filed by the applicant-wife against the order dated 12.8.2021 passed by the Sessions Judge, Balod District Balod (CG) in Criminal Appeal No. 17/2020 under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (in short “the Act 2005”).
3. Facts of the case, in brief, is that the applicant has filed an application under Section 125 of Cr.P.C. before the Additional Principal Judge, Family Court, Balod (CG) in Misc. Criminal Case No. 51/2012. In the said Misc. Criminal Case, vide order dated 5.2.2013, learned Additional Principal Judge has granted monthly maintenance of Rs. 5000/- to the applicant and it was also directed that the said amount shall be increased @ 10% per annum in the month of January. Thereafter, the applicant has filed an application under Section 12 of the Act, 2005 before the Judicial Magistrate First Class, Balod vide Misc. Criminal Case No. 322/2014, whereby, the learned Judicial Magistrate First Class, Balod, District Balod (CG) vide order dated 26.2.2020 partly allowed the petition and directed the respondent-husband to pay monthly maintenance of Rs. 3000/- to the applicant. Being aggrieved with the said
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.
The Court emphasized the importance of awarding maintenance from the date of application in cases of domestic violence, as per the legal dictum laid down by the Hon'ble Supreme Court.
A revision petitioner may claim adjustments for prior maintenance payments before the Magistrate.
Maintenance – Voluntary deduction cannot be said to be a statutory and mandatory deduction and it cannot be taken into consideration for calculating quantum of maintenance.
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 main legal point established in the judgment is that the maintenance awarded should be just and reasonable, commensurate with the financial status of the husband and the wife's ability to maintai....
The main legal point established in the judgment is the consideration of adjustment or set-off of maintenance amount awarded in previous proceedings under different statutes, as highlighted in the ca....
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