Courts can grant maintenance under the Protection of Women from Domestic Violence Act while other maintenance orders exist; proper assessment of the husband's income is essential for determining just maintenance.

JUDGMENT :

R.K. PATTANAIK, J.

As a common order is under challenge, both the revisions are, therefore, disposed of analogously.

CRLREV No.681 of 2023:

1. Instant revision is filed by the petitioner husband challenging the impugned decision of learned Court below dated 24^th November, 2023 passed in CRLA No. 78 of 2022 on the grounds inter alia that the same is erroneous and against the weight of materials on record and hence, the same is liable to be set aside.

CRLREV No.699 of 2023:

2. This revision is at the behest of the aggrieved wife questioning the correctness, legality and judicial propriety of the order of the learned Court below in CRLA No.40 of 2022 seeking modification of the same with enhancement of maintenance awarded to her with such other consequential and for reliefs.

3. In fact, the aggrieved wife with her daughter with an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the D.V. Act’) read with Rule 6(1) of the Protection of Women from Domestic Violence Rules, 2006 have approached the Court of learned S.D.J.M. (Sadar), Cuttack in D.V. Misc. Case No.162 of 2021 (now pending before the Transferee Court) seeking appropriate reliefs including maintenance against the husband. In the said proceeding, an application under Section 23 of the D.V. Act was filed for interim monetary relief with a plea that the husband is having an earning of Rs.3 lac a month having other valuable landed properties at his disposal, which was objected to with a plea that net income per month to be Rs.82, 853/- only, considering which, learned J.M.F.C., Cuttack by order dated 6^th May, 2022 disposed it of with a direction to make payment of Rs.25,000/- every month payable to them from the date of filing of the same i.e. on and from 20^th September, 2021. The said order in D.V. Misc. Case No.162 of 2021 was challenged by both the sides, one, in CRLA No.40 of 2022 by the aggrieved wife and the other, by the husband in CRLA No.78 of 2022. The said appeals were disposed of by a judgment dated 24th November, 2023 of learned 2^nd Additional Sessions Judge, Cuttack, whereby, the order of maintenance under of the D.V. Act directed by learned J.M.F.C., Cuttack was upheld. So, to say, the appeals filed by both the parties stood dismissed on contest, however, without cost. Since the maintenance amount considered to be less and meagre, the aggrieved wife has sought for modification of the impugned order dated 24th November, 2023 seeking its enhancement. The husband equally aggrieved challenged it on the ground that there is gross error committed by the learned Courts below in exercising the jurisdiction under the D.V. Act, hence, opposed any such order of maintenance payable to the wife and daughter on various grounds. On the one hand, the wife demands higher maintenance than it has been allowed in her favour, whereas, on the other hand, the husband outrightly denies it primarily on the ground that he is already directed to pay interim maintenance by the learned Judge, Family Court, Cuttack in connection with C.P. No.468 of 2021.

4. The relationship between the parties is not in dispute. So revealed from the pleadings on record, the estranged couple married in the year, 2010 and their daughter was born in 2012 and according to the wife, she stayed with her husband till 20^th July, 2021, the date on which, there was separation. It is alleged against the husband that he is guilty of domestic violence, hence, was the separation. After the parties separated in 2021, the application under Section 12 of the D.V. Act was filed by the wife, wherein, the husband filed show