Statutory maintenance is an independent, secular, and social-justice remedy aimed at preventing destitution. It cannot be barred by customary law settlements, though courts must adjust the quantum of relief to account for any existing maintenance payments or benefits already received to avoid duplicate awards.

JUDGMENT :

YARENJUNGLA LONGKUMER, J.

The instant petition under Section 397/401 of the CrPC R/W Section 19(4) of the Family Courts Act, 1984 has been filed assailing the impugned Judgment & Order dated 27.02.2024 passed in Maintenance Case No. 04/2021 by the Family Court, Dimapur, Nagaland.

2. Heard the learned counsel for the petitioner, Ms. Esther K. Aye as well as Mr. P.B. Paul for the respondent.

3. The facts leading to the Maintenance case 04/2021 is that the petitioner and the respondent had been living together as husband and wife since October, 2015 and a formal wedding was held in the presence of the family members and friends of the parties on 16.01.2016.

4. After the marriage, the petitioner began to suffer domestic violence at the hands of the respondent. It is stated that beside physical abuse the petitioner was also subjected to verbal abuse and demeaning inhuman treatment by the respondent.

5. In the meantime, the respondent by application dated 15.08.2018 instituted a Divorce Case before the Gaon Bura’s (GB) Customary Court at Kiphire.

6. On 20.08.2018, the respondent assaulted the petitioner and locked her out of the house. The petitioner, therefore, filed an FIR dated NIL, before the Women Police Station, Dimapur, as a result of which the respondent was taken into custody. While the respondent was in custody an agreement dated 20.08.2018 was drawn up between the petitioner and the respondent. In terms of the said Agreement signed on 20.08.2018, the respondent agreed to compensate the petitioner for the abuse inflicted on her and agreed, among other things, to give her the land covered by Patta No. 1119, Dag No. 449/1559 located at Padampukhri Village. It is further stated by the petitioner that pursuant to the agreement dated 20.08.2018, the petitioner received the following compensation from the respondent on 21.08.2018:

i. Rs.5,00,000/- in cash and

ii. One Hyundai i10 (Grand) with Smart Card and Insurance Policy.

7. On 10.10.2018, the petitioner filed a Domestic Violence Case No. 03 of 2018 before the Judicial Magistrate First Class, Dimapur. By filing the said case, the petitioner sought protection and residence orders under the Protection of Women from Domestic Violence Act, 2005 (for short, DV Act). Pursuant thereto, the JMFC Dimapur was pleased to pass an interim order dated 10.10.2018 in favour of the petitioner. The DV case being, MISC Case (DV) No. 03/2018 was finally disposed of on 21.06.2024. In the final order passed on 21.06.2024, the petitioner was given protection order under Section 18 of the DV Act; residence order under Section 19 of the DV Act with a direction to secure alternative accommodation to the petitioner and pay the rent of the said accommodation for an amount of Rs.12,000/- per month. The petitioner was also granted monetary relief under Section 20 of the DV Act by directing the respondent to make a monthly payment of Rs.20,000/- per month as maintenance. Further, an amount of Rs.40,000/- was also granted to the petitioner herein as compensation under Section 22 of the Act and the respondent was directed to pay the same in 6 monthly installments commencing from the month of the Order dated 21.06.2024.

8. While matters were pending thus, the GB’s Customary Court pronounced its verdict on the Divorce Application preferred by the respondent and by an Order dated 15.11.2018, the GB’s Customary Court held that the marriage of the part