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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
RAKESH SHARMA – Appellant
Versus
MANJU DEVI – Respondent
ORDER :
GRIEVANCE
1. The instant criminal revision petition under Section 438 read with Section 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter to be referred as “BNSS”) has been instituted by the petitioner assailing the order dated 05.05.2025 passed by the learned Additional District Judge No.2, Bikaner in Criminal Appeal No.10/2025, whereby the appeal preferred by the petitioner against the order dated 27.02.2025 passed by the learned Additional Chief Judicial Magistrate No.4, Bikaner in proceedings arising out of an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred as “DV Act”) filed by respondent No.1, came to be partly allowed.
FACTS OF THE CASE
2. Briefly stated the facts of the case are that the respondent No.1-wife filed an application under Section 12 of the DV Act before the learned ACJM No.4, Bikaner alleging cruelty, harassment and dowry demand against the petitioner-husband and his family members and sought protection, residence, maintenance and compensation. The petitioner and other respondents denied the allegations and contended that the respondent-wife had been residing separately sinc
The court affirmed that maintenance under Section 125 Cr.P.C. is aimed at preventing destitution and should be awarded from the date of application to ensure timely support.
Maintenance awarded from the date of application must be reasonable and realistic. Applying a uniform, static amount retrospectively over several years is inequitable if the respondent's income fluct....
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.
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.
A wife must establish a prima facie case of domestic violence to be entitled to interim maintenance under the Domestic Violence Act, considering both parties' financial statuses.
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....
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.
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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