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IN THE HIGH COURT OF ALLAHABAD
SURENDRA SINGH-I, J.
Purushottam Das and Others – Appellants
Versus
State of U.P. and Another – Respondents
Criminal Revision No. 3560 of 2023
Decided On : 29-03-2024
Domestic Violence - Maintenance Allowance - Act No. 43 of 2005, Section 23
Fact of the Case:
The case involved a criminal revision against an order directing the revisionist to pay maintenance allowance to the opposite party no. 2 and her son. The opposite party alleged domestic violence and sought maintenance under Section 23 of the Act No. 43 of 2005.
Finding of the Court:
The court found that the trial court had not committed any illegality or irregularity in granting maintenance allowance to the opposite party and her son. The criminal revision was dismissed, and the interim maintenance allowance was to be paid till the 10th of each month.
Issues: The issues revolved around the allegations of domestic violence, entitlement to maintenance allowance, and the interpretation of Section 23 of the Act No. 43 of 2005.
Ratio Decidendi: The court relied on the provisions of Section 23 of the Act No. 43 of 2005, which empowers the Magistrate to pass interim orders for providing monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child as a result of domestic violence. The court also considered relevant case law, including Ajay Kumar vs. Lata and Juveria Abdul Majid Patni vs. Atif Iqbal Mansoori, to interpret and apply the legal provisions.
Final Decision: The criminal revision was dismissed, and the interim maintenance allowance was to be paid till the 10th of each month. The court clarified that the order should not hinder a final adjudication on the merits of the complaint by the Magistrate.
The main legal point established in the judgment is the interpretation and application of Section 23 of the Protection of Women from Domestic Violence Act, 2005 (Act No. 43 of 2005). This provision empowers the Magistrate to grant interim and ex-parte monetary relief, as deemed just and proper, to an aggrieved person (including a woman who alleges domestic violence, even if not currently in a domestic relationship) and her child, to cover expenses and losses from domestic violence. Such relief under Sections 20 and 23 is distinct from and can be in addition to maintenance under Section 125 Cr.P.C., and is a social welfare measure not barred by prior separation or other proceedings. (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!) (!)
JUDGMENT :
SURENDRA SINGH-I, J.
1. Heard Sri Ray Sahab Yadav, learned counsel for the revisionists and Sri Umesh Chandra Prajapati, learned counsel for the opposite party no. 2.
2. The instant criminal revision has been instituted against the impugned judgment and order dated 07.06.2023 passed by the Additional Sessions Judge, Court No. 1, Jhansi, in Criminal Appeal No. 98 of 2022 (Smt. Bharti Devi vs. State of U.P. and Others) filed under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as ‘the Act No. 43 of 2005’)
3. By the impugned order, the appellate court has set aside the order dated 01.11.2022 passed by the Civil Judge (Junior Division)/FTC (CAW)/J.M. Jhansi in Complaint Case No. 1023 of 2016 and directed the revisionist to pay maintenance allowance Rs. 3000/- per month to the opposite party no. 2 and Rs. 2000/- to her son, Harshit, till he attains the age of majority, from the date of order of the (Junior Division)/FTC (CAW)/J.M. Jhansi on 10th of each calender month.
4. By the aforesaid order, the trial court has rejected the application under Section 23 of the Protection of Women from Domestic Violence Act, 2005 filed by the opposite party no. 2, Smt. Bharti Devi.
5. The avermment has been made on behalf of the revisionist that the appellate court had passed the order against the weight of evidence on record and without taking into consideration the provisions of law. It has also been submitted that the opposite party no. 2 had left the house of the revisionist voluntarily without any domestic violence committed by the revisionist and his family members against her. It has also been submitted that the opposite party no. 2 did not fulfil her duties as a wife in the house of the revisionist and had misbehaved with the revisionist and his family members. It has also been submitted that the opposite party no. 2 has filed Maintenance Case No. 34 of 2015 (Smt. Bharti Devi vs. Purushottam Das) under Section 125 Cr.P.C. in which the court has granted Rs. 9,000/- as maintenance allowance to the opposite parties. The opposite party no. 2 is not prepared to reside with revisionist no. 1, therefore she is not entitled for maintenance.
6. Per contra, learned counsel for the opposite party no. 2 has opposed the criminal revision making averment that the appellate court has passed the impugned order considering the evidence on record as well as the law applicable to the facts of the case, therefore no interference in the impugned order by this Court is warranted.
7. Facts of this case which are necessary for disposal of the criminal revision are that the revisionist no. 1, Purushottam Das, was married to opposite party no. 2, Smt. Bharti Devi, on 26.02.2009 according to Hindu Rites and Customs in Jhansi. The revisionist no. 1, Purushottam Das, was an employee in a nationalized bank at Punjab. In the matrimonial home of Smt. Bharti Devi, the revisionist no. 1, her husband and other family members used to harass her for getting a four wheeler in dowry. Three four months after staying at her matrimonial home the revisionist took her to Punjab where he was in a bank job. Thereto, the revisionist no. 1 used to beat his wife and torture physically and mentally for getting a four wheeler in dowry and during her pregnancy, he did not look after her and the expenses of delivery was borne by the parents of Smt. Bharti Devi. When the opposite party no. 2 raised objection, the revisionist beat her with iron rod and on 05.12.2015 he expelled her along with her child from her matrimonial home. The revisionist no. 1 works as Field Officer in a nationalised bank and is getting Rs. 60,000/- as monthly salary.
8. The revisionist no. 1 has admitted that the opposite party no. 2, Smt. Bharti Devi, is legally wedded wife and her minor son, Harshit has been born from their wedlock. The revisionist no. 1 has also submitted that he is getting Rs. 36,000/- per month as salary.
9. The opposite party no. 2, Smt. Bharti D
The main legal point established in the judgment is the interpretation and application of Section 23 of the Act No. 43 of 2005, which empowers the Magistrate to grant interim monetary relief to aggri....
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.
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 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.
The main legal point established in the judgment is that the aggrieved person has the right to seek relief under the Domestic Violence Act at any stage, even if living separately from the respondent.
The need for adjustment or set-off of maintenance amounts awarded in previous proceedings under different statutes.
A husband must ensure his wife’s financial support and maintain her standard of living unless he proves his inability to earn, as emphasized under Section 125 Cr.P.C. and the Domestic Violence Act.
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 main legal point established in the judgment is the requirement for the husband to provide proof of income and turnover for calculating maintenance under the Protection of Women from Domestic Vio....
Quantum of maintenance must be decent and adequate.
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