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V. R. K. KRUPA SAGAR
Palaparthi Shebha – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER
This criminal revision filed under Sections 397 and 401 of the CrPC impugns the order passed by learned Sessions Judge, Mahila Court, Visakhapatnam on 10.08.2023 in Crl.A.No.97 of 2021. A married woman and her minor child are the revision petitioners herein. Respondent No.2 is the husband of 1st petitioner and father of 2nd petitioner. Respondent No.1 is State.
2. DVC.No.22 of 2018 on the file of learned IV Additional Chief Metropolitan Magistrate, Visakhapatnam is under section 12 seeking reliefs under sections 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. The married woman and her minor child filed such application as against R2 herein and six others.
3. During the pendency of the said DVC, the aggrieved woman and her child filed Crl.M.P.No.1110 of 2019 under section 23 of the Act, 2005 seeking various interim measures. After due enquiry, by an order dated 20.08.2019, the learned trial court passed the order in the following terms: -
“a. The 1st respondent is directed to pay Rs.20,000/- and Rs.10,000/- P.M respectively to the 1st and 2nd petitioner towards monthly maintenance as interim from the date of filing of petition i.e., 24.04.2019,
Monthly maintenance is to be granted to wife and child from date of petition.
Monthly maintenance is to be granted to wife and child from date of petition.
The court reaffirmed that maintenance for a wife and child should be awarded from the date of application, emphasizing the husband's legal obligation to provide support.
The revisional court must provide reasons for altering the effective date of maintenance orders under S.125 of the Cr.P.C.
Maintenance under Section 125 should generally be awarded from the application date to prevent hardship, reinforcing rights irrespective of individual economic capabilities.
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.
The central legal point established in the judgment is the obligation of the husband to provide maintenance under Section 125 Cr.P.C. to prevent destitution and support the wife and children.
An order reducing interim maintenance allowances without recording reasons cannot be sustained in the eye of the law.
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