No maintenance under Domestic Violence Act if domestic violence not proved

Koushik vs Sau. Sangeeta Koushik Gharami

Bombay HC, Nagpur Bench

05/05/2014

CRIMINAL WRIT PETITION NO. 32 OF 2014

About/from the judgment:

No maintenance under Domestic Violence Act if domestic violence not proved

 

In my considered opinion, the learned Magistrate had committed an error in granting monetary relief to respondent Nos. 2 and 3 despite the fact that domestic violence could not be established. Though it is possible to say that the maintenance was permissible for respondent Nos. 2 and 3 (minor children) under Section 125 of the Code of Criminal Procedure, the monetary reliefs could not have been given to them under Section 20 of the Protection of Women from Domestic Violence Act, 2005.

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