Relief Under Domestic Violence Act Can Be Sought Even After Obtaining A Maintenance Order U/s 125 CrPC: SC [Read Order]

The Supreme Court has observed that mere passing of a 'maintenance' order under Section 125 of the Code of Criminal Procedure does not bar an 'aggrieved person' from seeking appropriate reliefs under the Protection of Women from Domestic Violence Act, 2005.

The bench comprising Justice Dhananjaya Y. Chandrachud and Justice Indira Banerjee dismissed a special leave petition against a Delhi High Court order which expressed the above view.

Senior Advocates Geeta Luthra and Vibha Datta Makhija appeared for the parties before the Supreme Court. The bench said:

"We are of the view that the High Court of Delhi was justified in coming to the conclusion that the mere passing of an order under Section 125 of the Code of Criminal Procedure 1973 did 2 not preclude the respondent from seeking appropriate reliefs under the Protection of Women from Domestic Violence Act 2005. Hence, we decline to entertain the special leave petition under Article 136 of the Constitution."

Justice Sanjeev Sachdeva of the Delhi High Court, while considering a revision petition, had observed that the proceeding under the DV Act and under section 125 Cr.P.C are independent of each other and have different scope, though there is an overlap. In so far as the overlap is concerned, law has catered for that eventuality and laid down that at the time of consideration of an application for grant of maintenance under DV Act, maintenance fixed under section 125 Cr.P.C shall be taken into account, the court had said.

The High Court had placed reliance on Apex Court judgment in Juveria Abdul Majid Khan Patni Vs Atif Iqbal Masoori that had held that monetary relief under Section 20 DV Act is in addition to maintenance under section 125 Cr.P.C. In her application under section 23 of the DV Act, the respondent wife has inter-alia sought residence rights under Section 19 and protection under Section 18 apart from the monetary relief under Section 20, the court had noted. 

 Juveria Abdul Majid Khan Patni Vs Atif Iqbal Masoori (2014)

In this judgment delivered in the year 2014, the Supreme Court bench comprising Justice Justice Sudhansu Jyoti Mukhopadhaya and Justice S.A. Bobde held that the Monetary relief as stipulated under Section 20 is different from maintenance, which can be in addition to an order of maintenance under Section 125 of the Cr.P.C. or any other law. The bench had also made following observations:

• Such monetary relief can be granted to meet the expenses incurred and losses suffered by the aggrieved person and child of the aggrieved person as a result of the domestic violence, which is not dependent on the question whether the aggrieved person, on the date of filing of the application under Section 12 is in a domestic relationship with the respondent.
• An act of domestic violence once committed, subsequent decree of divorce will not absolve the liability of the respondent from the offence committed or to deny the benefit to which the aggrieved person is entitled under the Domestic Violence Act, 2005 including monetary relief under Section 20, Child Custody under Section 21, Compensation under Section 22 and interim or ex parte order under Section 23 of the Domestic Violence Act, 2005.
• It is not necessary that relief available under Sections 18, 19, 20, 21 and 22 can only be sought for in a proceeding under Domestic Violence Act, 2005. Any relief available under the aforesaid provisions may also be sought for in any legal proceeding even before a Civil Court and Family Court, apart from the Criminal Court, affecting the aggrieved person whether such proceeding was initiated before or after commencement of the Domestic Violence Act
• Even before the Criminal Court where such case under Section-498A is pending, if allegation is found genuine, it is always open to the appellant to ask for reliefs under Sections 18 to 22 of the Domestic Violence Act and Interim relief under Section 23 of the said Act.

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