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NARENDRA KUMAR VYAS
Jitendra Banwakde S/o- Late Jitendra Banwakade – Appellant
Versus
Savita Banwakade W/o- Jitendra Banwakade – Respondent
ORDER :
Narendra Kumar Vyas, J.
1. Since common question of facts and law are involved in both the criminal revision petitions, they are heard analogously and are being disposed of by this common order.
2. For sake of convenience, CRR No. 936 of 2023 is being treated as lead case.
3. CRR No. 936 of 2023 has been preferred by husband assailing the order dated 25.07.2023, passed by the learned Additional Sessions Judge (FTC) Durg, District- Durg (C.G.) in Criminal Appeal No. 190/2023 arising out of order dated 27.09.2022 passed by learned Judicial Magistrate First Class, Durg, District-Durg (C.G.) in M.J.C. Cr. Case No. 1121/2017, whereby the application filed by non-applicant/wife under Section 22 of the Domestic Violence Act has been allowed and awarded compensation to the tune of Rs. 35,000/- to the non-applicant/wife and Rs. 10,000/- as cost of the proceeding under Domestic Violence Act. Learned Family Court has also directed the husband to pay Rs. 7,000/- as maintenance to wife and Rs.5,000/- per month to two minor sons Rs. 5,000/- till they attain the age of majority. Learned Family Court has further directed for adjustment of the amount Rs. 2500/- granted to the wife under Section
Maintenance under the Domestic Violence Act is supplementary to that under Section 125 of the CrPC, and previous awards must be disclosed and considered in subsequent claims.
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.
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
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.
Point of Law : Even though the proceedings under the D.V. Act may be independent proceeding, the Magistrate cannot ignore the maintenance awarded in any other legal proceedings, while determining whe....
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 adjustment or set-off of maintenance amounts awarded in previous proceedings under different statutes.
Point of law: Maintenance - Grant of maintenance under the DV Act would not be a bar to seek maintenance under Section 24 of HMA -Court does not find any infirmity or illegality in the order impugned....
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....
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