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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR.JUSTICE SATHI KUMAR SUKUMARA KURUP, J
Jesima Banu – Appellant
Versus
A. Shafi Alam – Respondent
ORDER :
This Criminal Revision Case is filed to set aside the judgment dated 08.07.2021 made in Crl.A. No.132 of 2019 on the file of learned Principal Sessions Judge, Tiruppur modifying the judgment dated 28.11.2019 made in D.V.A. No. 1 of 2016 on the file of learned Judicial Magistrate, Dharapuram.
2. The Petitioner herein has filed D.V.A. No. 1 of 2016 against her husband/Respondent herein, her sister-in-law, husband of the sister-in-law and one another person related to the Respondent herein. According to the Revision Petitioner/Wife the marriage between her and the Respondent herein was solemnised on 03.09.2000 and out of the wedlock, two children were born in the year 2001 and 2005 respectively. It was further stated by the Revision Petitioner/wife that after some years of marriage, the Respondent picked up quarrel with her under the influence of alcohol. Also the Revision Petitioner was shocked to learn that the Respondent herein had illicit relationship with many women. When this was questioned by the Revision Petitioner, the Respondent abused her physically and mentally. Therefore, she approached the learned Judicial Magistrate, Dharapuram by filing D.V.A. No.1 of 2016.
3. On
The court upheld the reduction of compensation and maintenance amounts based on the husband's financial constraints and the welfare of the children, deeming the wife's claims as an abuse of process.
The court emphasized that maintenance amounts must match the living standards and financial capabilities of both parties, rejecting the husband's claim of poverty due to his affluent background.
Domestic violence legislation mandates adequate monetary relief for the aggrieved spouse, with courts retaining jurisdiction to modify relief only under exceptional circumstances, substantiated by ev....
The court upheld the Family Court's maintenance order, affirming the husband's legal obligation to support his wife and children despite claims of the wife's financial independence.
The court affirmed that domestic violence encompasses various forms of abuse, and maintenance should be awarded from the date of the application under the DV Act, not the date of the order.
Point of law : When the case is made out by the petitioner for sending the matter back to the Court concerned for fresh consideration.
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