Back
PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
MANISHA BATRA
Munish Kumar – Appellant
Versus
Ekta – Respondent
JUDGMENT :
Manisha Batra, J. (Oral)
The present revision petition has been filed against the judgment dated 16.08.2019, passed by the learned Judicial Magistrate First Class, Rupnagar in complaint bearing No. COMA-10-2014, titled as Ekta vs. Munish Kumar and others, filed under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 (for short 'DV Act'), whereby the petitioner No.1-husband was directed to pay the maintenance of Rs. 12,000/- per month to the respondent-wife and was also directed to provide her residential accommodation or in lieu thereof to pay an amount of Rs. 3,000/- per month as rent. He was also directed to pay an amount of Rs. 20,000/- as compensation to her in addition to Rs. 5,000/- to be paid to her as litigation expenses. The petitioners have also assailed the judgment dated 14.09.2023, passed by learned Additional Sessions Judge, Rupnagar, whereby the appeal filed by the petitioners against the judgment of the trial Court had been dismissed.
2. Brief facts of the case, as alleged in the complaint and as relevant for the purpose of disposal of the present revision are that the marriage of respondent Ekta was solemnized with p
The appellate court's modification of maintenance was set aside for failing to adhere to the Domestic Violence Act, confirming the trial court's decision.
Allegations of domestic violence must be proven for entitlement to reliefs under the DV Act, and the court may consider the respondent's financial resources in determining maintenance allowance.
The court affirmed that the maintenance amount must reflect current living standards, considering the economic situation and obligations of an able-bodied husband to support his family.
The court established that maintenance must be adequate and reflect the financial capacity of the payer, especially after recognizing domestic violence, warranting an increase from Rs.2 lakhs to Rs.7....
The court affirmed that the DV Act provides protection based on the definition of 'domestic relationship,' even amid claims of prior marriages, and emphasized the need to utilize statutory appeal mec....
Maintenance under the Domestic Violence Act can only be granted if the victim proves domestic violence as defined under the Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
