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GITA GOPI
Bhargavpuri Hempuri Gosai – Appellant
Versus
State of Gujarat – Respondent
ORDER :
1. Heard Mr. Maulik Shelat for the applicants and learned APP for the respondent-State.
2. Challenge in this revision application is given to the judgment and order below Ex.5 dated 26.04.2022 passed by learned Chief Judicial Magistrate, Jam-Khambhaliya in Criminal Misc. Application No. 6 of 2019, reaffirmed by the judgment and order dated 21.12.2022 passed by the District and Session Court, Devbhumi-Dwarka in Criminal Appeal No. 20 of 2022.
3. Mr. Maulik Shelat, learned advocate for the applicant submits that the order passed by the Courts below have committed jurisdictional error by not giving setoff, to adjust amount of maintenance already granted to the respondent no. 2-wife in her application filed under Section 125 of the Criminal Procedure Code.
3.1 Advocate Mr. Shelat submitted that the learned Courts below have materially erred in not considering the already awarded maintenance of Rs.5,500/- in favour of the original applicant and further submitted that the learned Appellate Court has erroneously observed that the applicants can file application under Section 25(2) of the Protection of Women From Domestic Violence Act, 2005 (For short D.V. Act), since Mr. Shelat submit
The court emphasized the obligation of the aggrieved person to inform the court of relief obtained in other proceedings and considered the just and reasonable nature of the order under the D.V. Act, ....
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....
The main legal point established in the judgment is the requirement for the husband to provide proof of income and turnover for calculating maintenance under the Protection of Women from Domestic Vio....
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 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 findings of the Family Court in a maintenance order under Section 125 of Cr.P.C. do not have a binding effect on the Courts dealing with the DV Act, and the order under Section 125 of Cr.P.C. can....
Dual maintenance claims are permissible under different statutes, but the applicant must disclose previous orders and justify the need based on changing circumstances for additional relief.
Maintenance – Alteration, modification or revocation of order granting maintenance – Change in circumstance must occur only after an initial order is made under Section 12 of Domestic Violence Act, 2....
: Disclosure of previous maintenance proceedings is mandatory in subsequent proceedings for maintenance under different enactments to avoid conflicting orders.
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