Case Note & Summary
The case involves a Criminal Revision Application filed by the husband and his relatives challenging an order dated 2nd December 2013 passed by the Assistant Sessions Judge, Nashik, in Criminal Appeal No.194 of 2010. The appellate court had enhanced the maintenance awarded to the wife (Respondent No.1) from Rs.1,000 to Rs.5,000 per month and to the two minor daughters (Respondent Nos.2 and 3) from Rs.500 to Rs.2,500 per month each, from the date of the application i.e., 12th October 2010. The wife had originally filed Criminal Miscellaneous Application No.600 of 2010 before the Judicial Magistrate, First Class, Nashik, under Sections 18, 19, and 21 of the Protection of Women from Domestic Violence Act, 2005. The applicants (husband and his relatives) failed to appear before the trial court, which proceeded ex-parte and granted maintenance. The applicants then appealed, and the appellate court enhanced the maintenance. The applicants challenged this enhancement in revision. The High Court noted that the applicants had not appeared before the trial court and had not shown any perversity in the appellate court's order. The court found that the enhanced maintenance was reasonable and not excessive. The revision was dismissed, and the order of the appellate court was confirmed.
Headnote
A) Family Law - Maintenance - Enhancement of Maintenance - Protection of Women from Domestic Violence Act, 2005, Section 20 - The appellate court enhanced maintenance from Rs.1,000 to Rs.5,000 per month for the wife and from Rs.500 to Rs.2,500 per month for each child, from the date of application. The revision was dismissed as the order was not perverse and the applicants failed to appear before the trial court. (Paras 1-7)
Issue of Consideration
Whether the appellate court was justified in enhancing the maintenance awarded to the wife and children under the Protection of Women from Domestic Violence Act, 2005.
Final Decision
The Criminal Revision Application is dismissed. The order dated 2nd December 2013 passed by the Assistant Sessions Judge, Nashik, in Criminal Appeal No.194 of 2010 is confirmed.
Law Points
- Maintenance under Domestic Violence Act
- Enhancement of maintenance
- Appellate court's power to enhance maintenance
- Section 20 Protection of Women from Domestic Violence Act
- 2005
- Section 125 CrPC
Case Details
2017 LawText (BOM) (10) 62
Criminal Revision Application No.258 of 2016
Dr. Shalini Phansalkar-Joshi, J.
Mr. S.M. Sabrad for the Applicants. None for the Respondents.
Khaldarkhan Dostkhan Mohmmad Pathan, Mukhkhadar Dostkhan Mohmmad Pathan, Bismillabi Dostkhan Mohmmad Pathan
Reshma Khaldarkhan Pathan, Ayesha Khaldarkhan Pathan, Heena Khaldarkhan Pathan, The State of Maharashtra
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Nature of Litigation
Criminal Revision Application challenging enhancement of maintenance under the Protection of Women from Domestic Violence Act, 2005.
Remedy Sought
The applicants (husband and his relatives) sought to set aside the order of the appellate court enhancing maintenance.
Filing Reason
The applicants were aggrieved by the appellate court's order enhancing maintenance from Rs.1,000 to Rs.5,000 per month for the wife and from Rs.500 to Rs.2,500 per month for each child.
Previous Decisions
The Judicial Magistrate, First Class, Nashik, had allowed the wife's application ex-parte and directed payment of Rs.1,000 per month to the wife and Rs.500 per month to each child. The appellate court enhanced these amounts.
Issues
Whether the appellate court was justified in enhancing the maintenance awarded under the Domestic Violence Act.
Submissions/Arguments
The applicants argued that the appellate court erred in enhancing the maintenance without proper evidence.
The respondents (wife and children) supported the enhancement as reasonable.
Ratio Decidendi
The appellate court's order enhancing maintenance under the Domestic Violence Act is not perverse and does not warrant interference in revision. The applicants failed to appear before the trial court and did not demonstrate any illegality or irregularity in the appellate order.
Judgment Excerpts
Heard finally, at the stage of admission itself.
This Revision Application is preferred challenging the order dated 2nd December 2013 passed by the Assistant Sessions Judge, Nashik, in Criminal Appeal No.194 of 2010.
The learned Appellate Court has enhanced the maintenance awarded to Respondent No.1 from Rs.1,000/- to Rs.5,000/- per month and to Respondent Nos.2 and 3 from Rs.500/- to Rs.2,500/- per month, each, from the date of the application i.e. 12th October 2010.
Procedural History
The wife filed Criminal Miscellaneous Application No.600 of 2010 under the Domestic Violence Act before the JMFC, Nashik. The applicants failed to appear, and the application was allowed ex-parte. The applicants appealed to the Assistant Sessions Judge, Nashik, who enhanced the maintenance. The applicants then filed the present revision before the High Court.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 18, 19, 20, 21
