When successive claims for maintenance are made under different statutes, the court must consider an adjustment or set-off of the amount awarded in previous proceedings while determining whether any further amount is to be awarded in subsequent proceedings.

ORAL ORDER

Heard, learned advocate for the applicant. The learned advocate for the applicants would submit that by an order dated 25.05.2023 passed in Criminal Misc. Application 457 of 2017, the learned Family Court, Godhra enhanced the amount of maintenance to Rs.3,500/- from 01.01.2021. It is further submitted that by an order dated 01.01.2022 passed in Criminal Misc. Application No. 500 of 2013 by the learned Additional Civil Judge and Judicial Magistrate First Class, Godhra under the Domestic Violence Act by the respondent – wife, maintenance of Rs.2,500/- per month was already granted by the Court with a direction that, if any amount towards maintenance to the wife is being paid under any other law, the same shall be given set off.

By the said order, the respondent – wife was also granted a sum of Rs.10,000/- towards compensation under domestic violence. It is submitted that the respondent – wife preferred an appeal under Section 29 of the Domestic Violence Act being Criminal Appeal No. 11 of 2022 against the aforesaid order dated 01.01.2022, wherein, by an order dated 20.01.2026, the appellate Court, while partly allowing the said appeal, enhanced the maintenance amount from Rs.2,500/- per month to Rs.5,000/- per month, which is in addition to the maintenance granted under Section 125 of the Criminal Procedure Code, 1973 (the Code).

By the said order, the appellate Court further granted compensation under Section 22 of the Domestic Violence Act to the tune of Rs.50,000/- against Rs.10,000/-. The learned advocate for the applicant submitted that the appellate Court, without any justification for such an enhancement, against law laid down by the Apex Court in the decision in Rajenesh v. Neha and Anr., reported in (2021) 2 SCC 324, more particularly, to the effect that when successive claims for maintenance are made by a party under different statutes, the Court would consider an adjustment or set-off, of the amount awarded in the previous proceeding/s, while determining whether any further amount is to be awarded in the subsequent proceeding, passed such an order that too when the applicant is acquitted of the charges for the offence punishable under Section 498A of the Indian Penal Code, 1860 (IPC) and that, there are no findings to the effect as to how and why, such an enhanced amount of Rs.5,000/- is granted under the Domestic Violence Act over and above Rs.3,500/- already granted towards maintenance by the Family Court. He would further submit that though the trial Court has specifically observed that the wife has failed to point out that she is residing in a rented house and no monthly rent was directed to be paid by the husband, the appellate Court merely, relying on a decision in Rajnesh (supra), has granted monthly rent of Rs.3,000/- without any justification therefor.

Having regard to the submissions made and perusing the impugned order, in the opinion of the Court, a prima facie case is made out by the applicant. Hence, issue Notice, returnable on 1st May 2026. Learned Additional Public Prosecutor waives service for the respondent – State.

In the aforesaid facts and circumstances of the case, it would be in the fitness of things if the applicant is directed to pay a total sum of Rs.5,000/- per month against orders in all the above referred proceedings till final disposal of this revision application.

The applicant is also directed to pay Rs.10,000/- towards compensation under domestic violence as directed vide order dated 01.01.2022. The above deposit would be subject to outcome of this revision application.

Subject to paying aforesaid amount, there shall be no coercive steps against the present applicant.