(2018)2 SCeJ 1702

Supreme Court e@journal

30 October, 2018

 

Protection of Women from Domestic Violence Act, 2005, Section 3(a) - Appellant  would  have an efficacious remedy to seek maintenance under the provisions of the “DVC Act, 2005”  even assuming that she is not the legally wedded wife and, therefore, not entitled to mainte-nance under Section 125 of the Code of Criminal Procedure, 1973 -  CrPC, S. 125. (2018)2 SCeJ 1702

 

 Protection of Women from Domestic Violence Act, 2005, Section 3 Explanation I(iv) - Under the provisions of the DVC Act, 2005 the victim i.e. estranged wife or live-in-partner would be entitled to more relief than what is contemplated  under  Section  125  of  the  Code  of  Criminal Procedure, 1973, namely, to a shared household also. (2018)2 SCeJ 1702

 

  • Maintenance  - Protection of Women from Domestic Violence Act, 2005, Section 12 -  Appropriate course of action would be to allow the petitioner to file an application for maintenance under the Hindu Adoptions and Maintenance Act, 1956 or under Section 125 of the Code of Criminal Procedure, 1973 so that in these proceedings, both the parties lead their documentary and oral evidence and on the basis of such material, appropriate view is taken by the said Court - Maintenance of Rs.50,000/-, as fixed by the learned ASJ, reduced significantly from interim maintenance of Rs.2,50,000/- granted by the Metropolitan Magistrate -  Supreme court passed order directing the petitioner–wife to file an affidavit of her income which would be in the format as prescribed in the judgment of Delhi High Court in the case of Kusum Sharma v. Mahinder Kumar Sharma decided on January 14, 2015 (FAO No. 309/1996)  -  Respondent-husband  was also given opportunity to file additional documents along with affidavit – Affidavits filed - We are of the view that it is only after the evidence is led by both the parties, the veracity and evidential value of such material can be finally adjudged, more particularly, when the said material and assertions of the parties would be tested with their cross-examination -  The present proceedings arise out of the petition which was filed by the petitioner under Section 12 of the DV Act -  The trial court had arrived at a figure of maintenance on the basis of affidavits filed by both the parties along with their respective documents -  Same exercise is undertaken by the learned ASJ in the impugned order while adjudging the correctness of the order passed by the trial court and, in the process, reducing the maintenance from Rs.2.50 lakhs to Rs.50,000/- per month -  This obviously happened as the proceedings under the DV Act are of summary nature - Appropriate to allow the petitioner to file an application for maintenance under the Hindu Adoptions and Maintenance Act, 1956 or under Section 125 of the Code of Criminal Procedure, 1973 so that both the parties lead their documentary and oral evidence and on the basis of such material and  appropriate view is taken by the said Court.  (2018)2 Supreme Court e@journal 1256                       

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