Women can seek further maintenance under DV Act: Bombay HC

An aggrieved woman can seek maintenance under provisions of the Protection of Women from Domestic Violence Act, 2005, even if she has already been granted maintenance under any other law, the HC held last week.

An aggrieved woman can seek maintenance under provisions of the Protection of Women from Domestic Violence (DV) Act, 2005, even if she has already been granted maintenance under any other law, the Bombay high court (HC) held last week.

“From the plain reading of section 20 (1) (d) of the DV Act, it can be seen that an additional right has been created for the aggrieved person to claim maintenance,” said justice SB Shukre. The judge added that once we consider section 20 (1) (d) of the act, the conclusion would be that an aggrieved person is entitled to claim maintenance under this section, in addition to what she has been getting under any other law.

With these observations, the single judge bench dismissed the petition filed by a Gadchiroli resident. The 31-year-old had approached the HC, seeking to quash proceedings filed by his estranged wife under the DV Act, on the ground that she had already availed remedy for maintenance under section 127 of the Criminal Procedure Code.

Relying on a judgment delivered by the Delhi high court in August 2010, his counsel, advocate MP Karia, contended that the woman had no right to claim additional maintenance under DV Act, when she had already availed of maintenance, in an application filed under section 127 of the Criminal Procedure Code.

Justice Shukre, however, refused to accept the view adopted by the Delhi high court after noting that it only took into consideration sections 12 and 19 of the DV Act. The court did not take into consideration the section 20 (1) (d), which empowers a magistrate to grant monetary relief – maintenance to an aggrieved woman and her children, if any, including or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973, or any other law, which is in force for the time being.

To be noted
The section 20 (1) (d) of the Domestic Violence (DV) Act, 2005, empowers a magistrate to grant monetary relief – maintenance to an aggrieved woman and her children, if any, including or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973, or any other law, which is in force for the time being.