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HIGH COURT OF CHHATTISGARH
Hon'ble Mr. Justice Parth Prateem Sahu
ANIL MISHRA – Appellant
Versus
NEETA MISHRA – Respondent
CRR/624/2023
Domestic Violence Act - Interim Maintenance - Sections 12, 18, 19, 20, 22, 23
Fact of the Case:
The respondent filed a complaint under Sections 12, 18, 19, 20, 22, 23 of the Protection of Women from Domestic Violence Act, 2005 against the petitioners, her in-laws, stating that she was tortured after the death of her husband. She sought interim maintenance for herself and her minor daughter.
Finding of the Court:
The court found that the respondent had established a prima facie case for interim maintenance under the Act. The court held that the respondent and her daughter were entitled to interim maintenance, as they were residing in the shared household and the petitioners were in possession of the family property.
Issues: Whether the respondent was entitled to interim maintenance under the Domestic Violence Act, 2005, and whether the daughter could be granted maintenance without being impleaded as a party.
Ratio Decidendi: The court relied on Sections 2(f), 2(s), and 20 of the Domestic Violence Act, 2005 to hold that the respondent had established a domestic relationship with the petitioners and was a victim of domestic violence. The court also held that the daughter could be granted maintenance without being impleaded as a party, as the Act allows the Magistrate to direct the respondent to pay monetary relief to the child of the aggrieved person.
Final Decision: The court dismissed the revision petition and directed the Magistrate to decide the proceedings at the earliest.
ORDER
1. This criminal revision under Section 397/401 of Criminal Procedure Code, 1973 (henceforth ‘CrPC’) is preferred against the order dated 29.3.2023 passed in Criminal Appeal No.144/2022 by which learned Additional Sessions Judge (FTC), District Durg dismissed the appeal and affirmed the order dated 04.08.2022 passed by learned Judicial Magistrate 1st Class, Durg in MJC No.479/2019 granting interim maintenance of Rs.5,000/- per month to respondent wife and Rs.5,000/- per month for Miss Sakshi Mishra, daughter of respondent.
2. Facts of the case, in nutshell, are that, the respondent filed a complaint under Sections 12, 18, 19, 20, 22, 23 of the Protection of Women from Domestic Violence Act, 2005 (for short ‘the Act of 2005’) against petitioners herein and her father-in-law and mother-in-law (since deceased), stating therein that she was married to Sushil Mishra on 30.6.2006 and from their wedlock a female child born on 17.7.2011. On 17.7.2011 husband of respondent died due to brain hemorrhage. After death of her husband, she was tortured by her in-laws which she tolerated as she was not having any other shelter for herself and her minor daughter. Meanwhile, she secured job of Guest Lecturer on contract basis in Pt. Ravi Shankar Shukl University, Raipur. On 6.4.2019 in absence of respondent, her daughter was beaten by her brother-in-law and his wife regarding which report was lodged in concerned police station. Thereafter, the parties arrived at compromise to the effect that one house which is recorded in the name of father-in-law of respondent, will be given to the complainant for their residence, however, later on they resile from their promise and asked the respondent to make arrangement for her residence. It is further alleged that when physical and mental torture exceeded limit of tolerance, respondent along with her daughter took shelter in her parental home.
Respondent pleading to be victim of domestic violence at the hands of applicants herein filed application seeking relief under the Act of 2005.
3. During pendency of complaint proceedings, respondent filed an application under Section 20 & 23 of the Act of 2005 seeking interim maintenance. It was pleaded in the application that during pendency of proceeding, her father-in-law, who was a pensioner, and her mother-in-law, who was having about 07 acre of agriculture land in village Piparchhedi, died.
Non-applicant No.3 & 4 to application are employed in private company and apart from this, they are earning Rs.8 Lakh per annum from agricultural land of her deceased mother-in-law.
They are also earning Rs.5000/- per month as rent from the ancestral house situated in village Piparchhedi. Her daughter is studying in Class 8th in Krishna Public School (English Medium), Nehru Nagar, Bhilai. Since, presently respondent has no source of income due to which she is unable to maintain herself and bear educational expenses etc. of her daughter. Respondent and her daughter being legal representatives of Late Sushil Mishra, is entitled to receive maintenance from the earnings of said ancestral property, therefore, a sum of Rs.30,000/- be granted for maintenance of herself and her daughter.
4. Non-applicants/applicants herein filed reply to said application denying the averments made therein. It was pleaded that there has been a family partition in which respondent was given house situated in village Piparchhedi, but she refused to accept it. She herself refused to live with them and went to her parental home. She has not prayed for any maintenance for her daughter in the original application.
5. The Judicial Magistrate 1st Class, Durg vide order dated 04.08.2022 allowed the application of respondent in part and awarded interim maintenance of Rs.5,000/- per month to respondent and Rs.5,000/- per month to her daughter, making it effective from the date of filing of application. Applicants being aggrieved from aforesaid order filed an appeal which also came to be dismissed by the order im
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