Case Note & Summary
The petitioner-husband and respondent-wife were married on 13.04.2001. Marital discord led the wife to file a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking maintenance. The learned Magistrate, by order dated 15.10.2018 in Crl.Misc.No.141/2015, granted interim maintenance of Rs. 3,000 per month to the wife. The husband's revision petition before the Sessions Judge was dismissed on 12.06.2019 in Crl.R.P.No.14/2019. Aggrieved, the husband filed the present petition under Section 482 Cr.P.C. seeking to quash the orders. The sole ground urged was that the husband had no income and was unable to pay maintenance. The Court observed that the husband, being an able-bodied person, is capable of earning and cannot shirk his responsibility to maintain his wife. The quantum of Rs. 3,000 per month was not excessive. The concurrent findings of the courts below did not suffer from any illegality or perversity warranting interference under Section 482 Cr.P.C. The petition was dismissed.
Headnote
A) Criminal Law - Domestic Violence - Interim Maintenance - Section 12, 20 Protection of Women from Domestic Violence Act, 2005 - The husband challenged the order granting interim maintenance of Rs. 3,000 per month to the wife, claiming he had no income. The Court held that the husband, being an able-bodied person, is capable of earning and cannot avoid liability to maintain his wife. The quantum of maintenance was not excessive and did not warrant interference under Section 482 Cr.P.C. (Paras 1-6)
B) Criminal Procedure Code - Inherent Powers - Section 482 Code of Criminal Procedure, 1973 - The Court reiterated that the inherent power under Section 482 Cr.P.C. is to be exercised sparingly and only to prevent abuse of process of court or to secure ends of justice. The concurrent findings of the courts below did not call for interference. (Para 6)
Issue of Consideration
Whether the order granting interim maintenance of Rs. 3,000 per month to the wife under the Protection of Women from Domestic Violence Act, 2005, is liable to be quashed under Section 482 Cr.P.C. on the ground that the husband has no income?
Final Decision
The petition is dismissed. The order dated 12.06.2019 in Crl.R.P.No.14/2019 passed by the Sessions Judge, Dharwad, confirming the order dated 15.10.2018 in Crl.Misc.No.141/2015 passed by the Magistrate, is upheld.
Law Points
- Section 12 of Protection of Women from Domestic Violence Act
- 2005
- Section 20 of Protection of Women from Domestic Violence Act
- Section 482 of Code of Criminal Procedure
- 1973
- Interim maintenance
- Domestic violence
- Quantum of maintenance
Case Details
2022 LawText (KAR) (02) 13
Criminal Petition No.101378/2019
Miss Joshna P. Dhanave (for petitioner), Respondent served but unrepresented
Shivanand S/o Karabasappa Gurannavar
Basavva @ Laxmi W/o Shivanand Gurannavar
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Nature of Litigation
Criminal petition under Section 482 Cr.P.C. seeking to quash orders granting interim maintenance under the Protection of Women from Domestic Violence Act, 2005.
Remedy Sought
Petitioner-husband sought to set aside the order dated 12.06.2019 in Crl.R.P.No.14/2019 passed by the Sessions Judge, Dharwad, confirming the order dated 15.10.2018 in Crl.Misc.No.141/2015 passed by the Magistrate, and consequently dismiss the wife's maintenance petition.
Filing Reason
The husband challenged the grant of interim maintenance of Rs. 3,000 per month to the wife, claiming he had no income.
Previous Decisions
The Magistrate granted interim maintenance of Rs. 3,000 per month on 15.10.2018 in Crl.Misc.No.141/2015. The Sessions Judge dismissed the husband's revision on 12.06.2019 in Crl.R.P.No.14/2019.
Issues
Whether the order granting interim maintenance of Rs. 3,000 per month to the wife under the Protection of Women from Domestic Violence Act, 2005, is liable to be quashed under Section 482 Cr.P.C. on the ground that the husband has no income?
Submissions/Arguments
Petitioner-husband argued that he has no income and is unable to pay the maintenance amount.
Respondent-wife was served but unrepresented.
Ratio Decidendi
An able-bodied person is capable of earning and cannot avoid liability to maintain his wife merely by claiming no income. The quantum of interim maintenance of Rs. 3,000 per month is not excessive. The inherent power under Section 482 Cr.P.C. is to be exercised sparingly and only to prevent abuse of process or secure ends of justice; concurrent findings of fact do not warrant interference.
Judgment Excerpts
The petitioner-husband is before this Court praying to quash the order dated 12.06.2019 passed in Crl.R.P.No.14/2019 by the learned Sessions Judge, Dharwad confirming the order passed by the learned Magistrate in Crl.Misc.141/2015 dated 15.10.2018.
The petitioner and the respondent are husband and wife. Marriage between them takes place on 13.04.2001.
The learned Magistrate by the impugned order grants interim maintenance of Rs.3,000/- per month to the respondent-wife.
The only ground urged by the learned counsel for the petitioner is that the petitioner has no income.
The petitioner being an able-bodied person is capable of earning and cannot avoid the liability to maintain his wife.
The quantum of maintenance is also not excessive. The concurrent findings of the courts below do not call for any interference in the exercise of the jurisdiction under Section 482 of Cr.P.C.
Procedural History
The respondent-wife filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, in Crl.Misc.No.2/2009 (later renumbered as Crl.Misc.No.141/2015) seeking maintenance. The Magistrate granted interim maintenance of Rs. 3,000 per month on 15.10.2018. The husband filed a revision before the Sessions Judge, which was dismissed on 12.06.2019 in Crl.R.P.No.14/2019. The husband then filed the present petition under Section 482 Cr.P.C. before the High Court.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 12, 20
- Code of Criminal Procedure, 1973: 482
