The provisions of the Limitation Act, including delay condonation under Section 5, apply to appeals under the Domestic Violence Act, despite the absence of explicit provisions in the DV Act.

JUDGMENT :

PRANJAL DAS, J.

1. Heard Mr. F. Z. Mazumdar, learned counsel appearing for the petitioner. None appears for the respondent.

2. The petitioner, namely, Nandan Mazumdar has invoked the provisions of Section 482 Cr.P.C (as it existed then), seeking quashing of order dated 22.04.2024 passed by the Court of the learned JMFC Kamrup (M) in D.V. Case No. 110/2023, whereby, the learned Magistrate has directed the petitioner to pay a monthly interim maintenance of Rs.3,000/- to the aggrieved person who is stated to be his wife and Rs. 4,000/- per month to his daughter Sudeshna Mazumdar totaling Rs. 7,000/-.

3. Thought notice was issued upon the respondent and learned counsel also entered appearance on behalf of the respondent but subsequently stopped prosecuting this lis. None appears today also at the time of hearing.

4. The primary contention of the petitioner is that though he is agreeable to pay maintenance to his daughter, but it is contended that he wishes to pay directly to his daughter and that he does not want to pay the maintenance for his daughter to his wife.

5. It is further contended by the petitioner side that as his daughter is a major - as reflected in the impugned order dated 22.04.2024, noting her date of birth as 24.04.2003 – no such maintenance can be paid under the provisions of the Protection of women from Domestic Violence Act, 2005 {herein after the DV Act}.

6. Before proceeding further, an issue of maintainability has also to be looked at. Section 29 of the D.V. Act, provides for filing appeals against the judgments and orders made by the Magistrate and the same has to be filed within a period of 30 days from the date on which the order is served on the aggrieved person or the respondent.

6. In this context, the learned counsel for the petitioner submits that though from the date of the order, his appeal might be time barred, but from the date of on which, he received notice of the order, there is no delay.

7. Monetary reliefs, including maintenance, can be provided under Section 20 of the D.V. Act, which may be reproduced here in below:- “20. Monetary Reliefs:- (1) While disposing of an application under sub-section (1) of section 12,the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,--

(a) the loss of earnings;

(b) the medical expenses;

(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.

(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.

(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides.

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