DV maintenance is not for wife’s luxury! Should be judicious, not Arbitrary!

Sayed Fakiruddin vs Hena Begum

Orissa HC, Cuttack Benck

04/01/2017

CRLREV NO. 70 of 2016

About/from the judgment:

Protection of Women from Domestic Violence Act, 2005 – Sec. 20 – Grant of Maintenance – Monetary relief in the form of maintenance for the aggrieved person as well as her children under the section should be adequate, fair and reasonable and consistent with slandered of living to which the aggrieved person is accustomed – Amount should not be fixed which would enable the aggrieved person as well as her children to live in luxury – Needs/requirements of the claimant’s, the income of husband of the aggrieved person, the status of the husband’s family and the standard of life which the claimants would have led had they continued to live in the house of the respondent should also be considered – Mechanical way of fixation of maintenance at the whim and pleasure of the Court is not permissible – Decision should not be arbitrary but judicious.

 

Perused the judgment of learned Magistrate where the income side of the petitioner has been discussed. It seems

that the learned Magistrate has accepted the statement of the opposite party even though no corresponding documents relating to the income of the petitioner has been filed and no clinching oral evidence has been adduced in that behalf. The monetary relief in the form of maintenance for the aggrieved person as well as her children as per section 20 of the P.W.D.V. Act, 2005 should be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed. The amount should not be so fixed which

would enable the aggrieved person as well as her children to live in luxury. The needs/requirements of the claimants, the income of the husband of the aggrieved person, the status of the husband’s family and the standard of life which the claimants would have led had they continued to live in the house of the respondent should also be considered. The mechanical way of fixation of maintenance at the whim and pleasure of the Court is not permissible. The decision should not be arbitrary but judicious.

Read the Judgment

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