[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court
The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband.A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay maintenance amount of Rs.6,000 per month and also pay...
The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband.
A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay maintenance amount of Rs.6,000 per month and also pay an additional amount of Rs 5,000 for alternate accommodation to the woman.
The bench modified the order relying on Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005, that says that wherever the Court feels convenient to order for monetary expenses in lieu of the shared house and also taking note of the relationship existing among the parties, a suitable order can be passed in terms of money.
In the present case the bench said “Admittedly, the Revision Petitioner No.1 is the husband of the respondent. However, the Revision Petitioner is living with first wife. Taking note of these aspects of the matter, directing the respondent to stay in the same house in a separate room would not be feasible practically and it may give rise to further displeasure among the parties resulting in civil/criminal litigation.”
Thus it held “Accordingly, this Court exercising its power as is contemplated under Section 19(1)(f) of the DV Act, a sum of Rs.5,000/- be paid instead of the room be provided as the shared house.”
It added “If a sum of Rs.5,000 is being ordered, the respondent can find out a suitable alternate premises more than the room that would be provided in the shared household as ordered by the Trial Court, it would meet the ends of justice.”
Accordingly it allowed the revision petition.
Case Title: ABC & others And XYZ
Case No: CRIMINAL REVISION PETITION NO. 200071 OF 2016
Citation: 2023 LiveLaw (Kar) 96
Date of Order: 07-02-2023
Appearance: Advocate Avinash A Uploankar and Ravi K Anoor for petitioners
Advocate Manure Ashok Kumar for respondent.