Case Note & Summary
The case involves a revision application filed by the husband and his family members challenging the judgment and order dated 15th February 2014 passed by the Additional Sessions Judge, Niphad, Nashik, in Criminal Appeal No.54 of 2011. The appellate court had dismissed the appeal against the order of protection granted to the wife (Respondent No.1) and her minor son (Respondent No.2) under Section 18 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). The wife had married the husband on 3rd March 2002, but soon after the marriage, she was subjected to domestic violence and forced to leave the matrimonial home. She initially filed a maintenance application under Section 125 of the Code of Criminal Procedure, 1973 (CrPC), which was amicably settled on 5th March 2006, and she returned to cohabit with the husband. However, within three months, she was again driven out due to harassment and cruelty. She then filed a criminal case under Section 498-A of the Indian Penal Code, 1860 (IPC) against the husband and his family members. Subsequently, she filed an application under the PWDVA seeking protection, maintenance, and residence orders. The trial court granted protection under Section 18, directed the husband to provide alternative accommodation or pay rent under Section 19, awarded maintenance of Rs. 1500 per month to the wife and Rs. 1000 per month to the minor son under Section 20, and granted compensation of Rs. 10,000 under Section 22. The appellate court confirmed these orders. The High Court, in revision, examined the evidence and found that the courts below had correctly appreciated the facts and law. The court noted that the wife had established domestic violence and that the orders were just and proper. The revision application was dismissed, and the protection order was upheld.
Headnote
A) Domestic Violence - Protection Order - Section 18, Protection of Women from Domestic Violence Act, 2005 - The court upheld the protection order granted to the wife and minor son, finding that the trial court and appellate court had correctly appreciated the evidence of domestic violence and the need for protection. (Paras 1-10) B) Domestic Violence - Residence Order - Section 19, Protection of Women from Domestic Violence Act, 2005 - The court affirmed the order directing the husband to provide alternative accommodation or pay rent, as the wife had a right to reside in the shared household. (Paras 11-15) C) Domestic Violence - Maintenance - Section 20, Protection of Women from Domestic Violence Act, 2005 - The court upheld the maintenance award of Rs. 1500 per month to the wife and Rs. 1000 per month to the minor son, considering the husband's income and the wife's needs. (Paras 16-20) D) Domestic Violence - Compensation - Section 22, Protection of Women from Domestic Violence Act, 2005 - The court upheld the compensation of Rs. 10,000 for mental and physical harassment caused by domestic violence. (Paras 21-25)
Issue of Consideration
Whether the order of protection granted under Section 18 of the Protection of Women from Domestic Violence Act, 2005, along with maintenance and residence orders, is sustainable in law.
Final Decision
The High Court dismissed the Criminal Revision Application, upholding the orders of the trial court and appellate court granting protection, residence, maintenance, and compensation to the wife and minor son under the Protection of Women from Domestic Violence Act, 2005.
Law Points
- Protection of Women from Domestic Violence Act
- 2005
- Section 18
- Section 19
- Section 20
- Section 22
- Section 125 CrPC
- Domestic Violence
- Shared Household
- Residence Order
- Maintenance
- Interim Relief
