Case Note & Summary
The petitioner, Shahid Sheikh, filed a Criminal Writ Petition before the Bombay High Court challenging the maintainability of a maintenance claim under the Protection of Women from Domestic Violence Act, 2005 (DV Act) by his wife and minor daughter (respondents), who had already obtained maintenance under Section 127 of the Code of Criminal Procedure, 1973 (CrPC). The petitioner relied on a Delhi High Court judgment in Rachna Kathuria v. Ramesh Kathuria, which held that parallel maintenance proceedings are not permissible. The respondents argued that the Delhi High Court judgment did not consider Section 20(1)(d) of the DV Act, which expressly allows maintenance in addition to any order under Section 125 CrPC or any other law. The court agreed with the respondents, noting that Section 20(1)(d) of the DV Act provides a special right to claim maintenance either including or in addition to an order under Section 125 CrPC. The court held that the Delhi High Court judgment was per incuriam as it overlooked this provision. Consequently, the petition was dismissed, and the respondents were allowed to pursue their maintenance claim under the DV Act. The court directed rule to be made absolute and disposed of the petition accordingly.
Headnote
A) Domestic Violence - Maintenance - Parallel Proceedings - Section 20(1)(d) of Protection of Women from Domestic Violence Act, 2005 - The court held that the judgment of Delhi High Court in Rachna Kathuria v. Ramesh Kathuria was rendered without considering Section 20(1)(d) of the DV Act, which specifically allows an aggrieved person to claim maintenance either including an order under or in addition to an order of maintenance under Section 125 CrPC or any other law. Therefore, the respondents are entitled to claim maintenance under the DV Act even if they have already availed maintenance under Section 127 CrPC. (Paras 3-4)
Issue of Consideration
Whether a wife can claim maintenance under the Protection of Women from Domestic Violence Act, 2005 when she has already obtained maintenance under Section 127 of the Code of Criminal Procedure, 1973
Final Decision
Petition dismissed. Rule made absolute. Respondents entitled to claim maintenance under DV Act in addition to maintenance under Section 127 CrPC.
Law Points
- Maintenance under DV Act is in addition to maintenance under Section 125 CrPC
- Section 20(1)(d) of DV Act allows parallel maintenance claims
- DV Act provides special rights to aggrieved persons
