Case Note & Summary
The case involves a criminal revision application filed by the husband (applicant) against his wife and two minor children (non-applicants) challenging the maintenance granted under the Protection of Women from Domestic Violence Act, 2005. The marriage was solemnized as per personal law, and two children were born. Due to marital discord, the wife and children were allegedly driven out of the matrimonial home. The wife filed a complaint under Section 12 of the DV Act, claiming maintenance and shelter. The applicant opposed the application, pointing out that prior to the DV Act proceedings, the wife had already obtained maintenance of Rs. 1,500/- per month under Section 125 CrPC. The Magistrate, without considering this earlier order, granted maintenance of Rs. 3,000/- per month to the wife and Rs. 1,500/- per month to each child under the DV Act. The husband contended that the total maintenance of Rs. 6,000/- per month was excessive given his income as a teacher. The High Court held that the Magistrate erred in not taking into account the maintenance already awarded under Section 125 CrPC. The court reduced the maintenance to Rs. 3,000/- per month for the wife and Rs. 1,000/- per month for each child, totaling Rs. 5,000/- per month, which was deemed just and reasonable. The revision was partly allowed.
Headnote
A) Family Law - Maintenance - Quantum of Maintenance - Protection of Women from Domestic Violence Act, 2005, Section 12 - Maintenance under DV Act must take into account maintenance already awarded under Section 125 CrPC to avoid double burden on husband - Court held that the Magistrate erred in not considering the earlier maintenance order of Rs. 1,500/- per month under Section 125 CrPC while fixing maintenance under DV Act at Rs. 3,000/- per month for wife and Rs. 1,500/- each for two children - Held that total maintenance of Rs. 6,000/- per month was excessive and reduced to Rs. 3,000/- per month for wife and Rs. 1,000/- per month for each child (Paras 8-10).
Issue of Consideration
Whether the maintenance granted under Section 12 of the Protection of Women from Domestic Violence Act, 2005 was excessive and whether the maintenance already awarded under Section 125 CrPC should have been considered
Final Decision
Revision partly allowed. Maintenance reduced from Rs. 3,000/- to Rs. 3,000/- per month for wife (no change) and from Rs. 1,500/- to Rs. 1,000/- per month for each child, totaling Rs. 5,000/- per month. The earlier maintenance under Section 125 CrPC of Rs. 1,500/- per month is to be adjusted or considered separately.
Law Points
- Maintenance under Protection of Women from Domestic Violence Act
- 2005 must consider maintenance already awarded under Section 125 CrPC
- Maintenance cannot be fixed arbitrarily without considering husband's income and liabilities
- Quantum of maintenance must be just and reasonable
