High Court of Chhattisgarh revisited maintenance order under Domestic Violence Act. Seeing CPS salary slips and opposing counsel consensus, court fixed monthly total maintenance at Rs.30,000 and cancelled house rent claim.
Applicant to pay Rs.30,000 per month as total maintenance; separate house rent allowance of Rs.5,000 is cancelled.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Revision No.46 of 2018
Dipak Sikdar, S/o Dulal Sikdar, aged about 52 years, R/o Lelin Park, Bhadreshwar, District Hugli (West Bengal); Office Address : Chief Crous Controller Metro Railway Navapara, Kolkata - 30
---- Applicant
versus
Smt. Mitali Sikdar, W/o Dipak Sikdar, aged about 42 years, R/o 179/06, Bunglow Yard, Police Station Tarbahar, District Bilaspur, Chhattisgarh
--- Respondent
For Applicant : Shri Anand Kesharwani, Advocate For Respondent : Ms. Sunita Sahu, Advocate
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
20.6.2018
1. With the consent of Learned Counsel appearing for the parties, the matter is heard finally.
2. This revision has been preferred against the judgement dated 11.12.2017 passed by the 1st Additional Sessions Judge, Bilaspur in Criminal Appeal No.117 of 2017 arising out of the order dated 24.6.2017 passed by the Judicial Magistrate First Class, Bilaspur in M.Cr.C. No.99 of 2014. By the order dated 24.6.2017, Learned Judicial Magistrate First Class has allowed M.Cr.C. No.99 of 2014 preferred by the Respondent/wife under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (henceforth 'the Act of 2005') and has granted monetary relief of Rs.20,000/- per month as maintenance and has also granted a sum of Rs.5,000/- per month as house rent in favour of the
2
Respondent/wife. Vide the judgment dated 11.12.2017, Learned Additional Sessions Judge has enhanced the monetary relief and ordered that the Applicant/husband shall pay 50% of his net salary, which he gets after deductions, to the Respondent/wife.
3. Facts of the case, in brief, are that a complaint case was filed by the Respondent/wife against the Applicant/husband under Section 12 of the Act of 2005 before the Judicial Magistrate First Class, Bilaspur on the ground that her husband/Applicant tortured her physically and mentally and he neither gives her any amount of his salary nor does he provide her clothes and other domestic items of her daily use. Her two sons are residing with her. The elder son is studying at Chennai. The husband/Applicant does not bear the expenses of the studies of the sons also.
4. The Applicant/husband replied to the complaint case to the effect that the Respondent/wife is leading an adulterous life and has misused the legal provisions. All expenses of higher education of his elder son is borne by him. It was further replied by him that the Respondent/wife is residing in the house allotted to him by his department/Railways in which he is employed. Vide order dated 24.6.2017, the Judicial Magistrate First Class has allowed the complaint case and granted monetary relief of Rs.20,000/- per month as maintenance in favour of the Respondent/wife. It has been further ordered by the Judicial Magistrate First Class that if the wife is evicted from the Government accommodation of the Railways, the Applicant/husband will pay her a sum of Rs.5,000/per month as house rent additionally. In appeal preferred by the Respondent/wife against the said order of the Judicial Magistrate
3
First Class for enhancement, the Learned Additional Sessions Judge, vide the judgment dated 11.12.2017, has enhanced the amount of maintenance from Rs.20,000/- per month to 50% of the net monthly salary of the Applicant/husband and has upheld the order of house rent of Rs.5,000/- per month in case of eviction of the Respondent/wife from the Government accommodation. Hence, this revision by the husband.
5. I have heard Learned Counsel appearing for the parties and perused the records with due care.
6. As per the pay-slip (Ex.D1) of the Applicant/husband, he, after deductions, is getting salary of Rs.65,797/- per month. The two sons are dependent on the Respondent/wife and both of them reside with her. On the other hand, only the mother of the Applicant/husband is dependent on him. Considering the above facts and circumstances of the case, the enhancement made by the Learned Additional Sessions Judge appears to be on higher side.
7. Learned Counsel appearing for the Applicant/husband submits that if Rs.30,000/- per month is fixed as total maintenance, the same would suffice the need of the Respondent/wife. Learned Counsel appearing for the Respondent/wife agrees to the same.
8. In the premises of aforestated, it is directed that the Applicant/husband shall pay Rs.30,000/- per month as total maintenance to the Respondent/wife with effect from the date of order of the Judicial Magistrate First Class, i.e., 24.6.2017. In
4
addition to the aforesaid total maintenance of Rs.30,000/- per month, the Applicant/husband shall not be required to pay any other amount as house rent etc.
9. Resultantly, the instant revision stands disposed of in the aforesaid terms.
10. Records of the Courts below be sent back along with a copy of this order forthwith for information and necessary compliance.
Sd/( Arvind Singh Chandel ) Judge
Gopal
2 issues framed by the court
Whether to accept the enhanced maintenance of 50% of net salary or fix a specific amount under Section 12 of the Domestic Violence Act.
Whether the house rent allowance due to eviction from government accommodation should continue.
1 provisions across 1 enactments
Dipak Sikdar
Mitali Sikdar
Arvind Singh Chandel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
