Case Note & Summary
The petitioner-husband challenged the order dated 17.02.2018 passed by the learned Additional Sessions Judge, Hinganghat in Criminal (PWDV) Appeal No.6/2017, which partly allowed the wife's appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) and enhanced the maintenance amount from Rs. 4000/- to Rs. 6000/- per month from January 2015. The marriage took place on 15.04.2021, but differences arose, leading the husband to file a divorce petition which was rejected on 02.04.2012. The wife had earlier filed a complaint under Section 12 of the DV Act (Misc. Criminal Application No.71/2007), and the Magistrate on 04.09.2009 directed the husband to pay Rs. 3000/- per month as maintenance. Subsequently, the wife filed an application under Section 127 of the Code of Criminal Procedure, 1973 (CrPC) for enhancement, which was allowed by the Magistrate on 02.12.2016, increasing maintenance to Rs. 4000/- per month. The wife then appealed under Section 29 of the DV Act, and the appellate court enhanced the amount to Rs. 6000/- per month. The High Court, exercising writ jurisdiction under Articles 226 and 227 of the Constitution, found that the appellate court's order lacked proper reasoning and was not based on any change in circumstances. The court noted that the wife had not demonstrated any additional needs or change in the husband's income. Consequently, the High Court set aside the appellate order and restored the Magistrate's order of Rs. 4000/- per month. The petition was partly allowed, with no order as to costs.
Headnote
A) Family Law - Maintenance under DV Act - Enhancement - Section 29 Protection of Women from Domestic Violence Act, 2005 - The appellate court enhanced maintenance from Rs. 4000/- to Rs. 6000/- per month without adequate reasoning or evidence of change in circumstances - Held that the appellate court's order was not sustainable and the Magistrate's order of Rs. 4000/- per month was restored (Paras 6-8).
Issue of Consideration
Whether the appellate court under Section 29 of the Protection of Women from Domestic Violence Act, 2005 was justified in enhancing the maintenance amount from Rs. 4000/- to Rs. 6000/- per month without proper justification.
Final Decision
The High Court partly allowed the petition, set aside the appellate court's order dated 17.02.2018, and restored the Magistrate's order dated 02.12.2016 directing payment of Rs. 4000/- per month as maintenance.
Law Points
- Maintenance under DV Act
- Enhancement under Section 127 CrPC
- Appellate jurisdiction under Section 29 DV Act
- Quantum of maintenance
