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PREM NARAYAN SINGH
Bhupendra Singh Rajawat – Appellant
Versus
Ranjeeta Rajawat – Respondent
ORDER
1. This criminal revision has been filed by the petitioner under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 being crestfallen by the order dated 04.12.2021 passed by the learned VI Additional Sessions Judge, Indore in Cr.A. No. 11/2020, whereby the learned Appellate Court has affirmed the order of the learned Judicial Magistrate First Class, Indore wherein the application filed under Section 23 of Prevention of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'DV Act') was allowed and the petitioner No. 1 was directed to pay Rs.5,000/- as interim maintenance to the respondent.
2. With regard to this revision petition, it is undisputed fact that the marriage between the petitioner No. 1/husband and respondent/wife was solemnized on 07.02.2004. It is also undisputed that the application filed by the respondent under Section 125 of Cr.P.C. for maintenance was dismissed by the learned II Additional Principal Judge, Family Court, Indore vide order dated 19.07.2018.
3. Succinctly, the case of the respondent is that after marriage, the in-laws of the respondent have started demand of dowry and harassed the respondent while she was residi
The findings of the Family Court in a maintenance order under Section 125 of Cr.P.C. do not have a binding effect on the Courts dealing with the DV Act, and the order under Section 125 of Cr.P.C. can....
There is no bar to seek maintenance under different statutes, and the amount awarded should not overlap and should be inclusive of maintenance under each jurisdiction and not exclusive.
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.
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.
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 divorced Muslim woman is entitled to maintenance under Section 125 Cr.P.C., regardless of her marital status, emphasizing the husband's obligation to provide for his wife and children.
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....
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.
The need for adjustment or set-off of maintenance amounts awarded in previous proceedings under different statutes.
Point of law: Maintenance - Grant of maintenance under the DV Act would not be a bar to seek maintenance under Section 24 of HMA -Court does not find any infirmity or illegality in the order impugned....
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