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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MANOJ KUMAR GARG
Parasmal, S/o Shri Madan Lal – Appellant
Versus
Sangeeta, W/o Parasmal, W/o Shri Navratan – Respondent
Order :
(MANOJ KUMAR GARG, J.)
Instant revision petition has been filed by the petitioner-husband against the order dated 01.06.2024, passed by the learned Additional Sessions Judge (Women Atrocities Cases), Jodhpur Metro, Jodhpur in Cr. Appeal No.135/2023 whereby the appellate court dismissed the appeal and affirmed the order dated 18.08.2023, passed by the Metropolitan Magistrate No.3, Jodhpur Metro in Cr. Misc. Case No.75/2021, whereby the learned Magistrate allowed the application under Section 6(5) of Protection of Women from Domestic Violence Act, 2005 R/w Section 125(3)Cr.P.c. filed by the respondents.
2. Facts in brief are that the respondents filed an application under Section 6(5) of Protection of Women from Domestic Violence Act, 2005 R/w Section 125(3) Cr.P.C. before the learned Magistrate stating that the respondents had filed an application under Section 23 of DV Act against the petitioner, which was partly allowed on 29.06.2019 and the petitioner was ordered to pay interim maintenance of Rs.3,500/- per month to the respondents from the date of application i.e. 22.05.2018. Against the said interim maintenance order, an appeal was preferred by the respondents, which was d
An application for recovery of maintenance under Section 125(3) Cr.P.C. must be filed within one year from the date it becomes due; claims beyond this period are not maintainable.
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.
Maintenance claims must be enforced within one year of becoming due, with any claims exceeding this period being irrecoverable, as per Section 125(3) of the Criminal Procedure Code.
Maintenance orders under the Protection of Women From Domestic Violence Act can be enforced through attachment of both movable and immovable property.
Interim maintenance under the Domestic Violence Act is a provisional measure to prevent financial hardship, based on a broad assessment of parties' status, and is not a final determination of entitle....
The court reaffirmed that maintenance for a wife and child should be awarded from the date of application, emphasizing the husband's legal obligation to provide support.
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....
Monthly maintenance is to be granted to wife and child from date of petition.
Monthly maintenance is to be granted to wife and child from date of petition.
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