CRR(F)-199-2013(O&M) 1 IN THE PUNJAB & HARYANA HIGH COURT AT CHANDIGARH CRR(F)-199-2013(O&M) Date of decision : 01.04.2014 Vikas Kumar Sangwan ..Petitioner Versus Smt.Ritu Chhikara and another ..Respondents CORAM: HON'BLE MRS.JUSTICE REKHA MITTAL Present: Mr.I.D.Singla, Advocate for Mr.R.S.Sangwan, Advocate for the petitioner.
REKHA MITTAL, J.(ORAL) The present petition has been directed against order dated 19.09.2013 passed by the District Judge (FamilyCourt).Bhiwani whereby the application filed by the respondent for grant of maintenance under Section 125 of the Code of Criminal Procedure (in short 'the Code') has been allowed and the respondents have been awarded maintenance @ Rs.8000/- per month to respondent wife and Rs.2000/- per month to the minor child of the parties from the date of petition.
The sole submission made by counsel for the petitioner is that the maintenance awarded by the Court is liable to be reduced as the respondents have been granted interim maintenance @ Rs.5000/- per month in proceedings under the Protection of Women from Domestic Violence Act, 2005 (in short “the Domestic Violence Act”.).I have heard counsel for the petitioner and perused the records.
Davinder Kumar 2014.04.04 10:36 I attest to the accuracy and integrity of this document CRR(F)-199-2013(O&M) 2 Smt.
Ritu Chhikara for herself and the minor child born out of the wedlock of the parties filed the application under Section 125 of the Code on 31.08.2012 praying for grant of maintenance payable by the respondent husband (petitioner herein) stated to be practicing as an Advocate in the High Court of Punjab and Haryana at Chandigarh.
The parties were permitted to lead evidence in support of their respective claims and after hearing counsel for the parties, the learned trial Court came to hold that the petitioners (respondents herein) are entitled to get maintenance from husband of petitioner No.1 and father of petitioner No.2 and keeping in view the income and sources of the respondent awarded maintenance impugned in the present proceedings.
It is not disputed that the proceedings for grant of maintenance under the Domestic Violence Act were initiated subsequent to filing of application under Section 125 of the Code which was allowed.
The proceedings under the Domestic Violence Act are stated to be pending in the Court for its final adjudication.
Section 20 of the Domestic Violence Act deals with monetary reliefs.
A relevant extract from Section 20 reads as follows:- 20.
Monetary reliefs.- (1) While disposing of an application under sub- section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,- (a) the loss of earnings; (b) the medical expenses; Davinder Kumar (c) the loss caused due to the destruction, damage 2014.04.04 10:36 I attest to the accuracy and integrity of this document CRR(F)-199-2013(O&M) 3 or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974 ) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
(4)XXX XXX XXX (5)XXX XXX XXX (6)XXX XXX XXX The monetary reliefs which can be awarded in the Domestic Violence Act are in addition to any maintenance which is awarded to the aggrieved person or any child of the aggrieved person under Section 125 of the Code or any other law for the time being in force.
This apart, the petitioner cannot seek modification of the order passed by the trial Court in proceedings under Section 125 of the Code on the ground that the respondent wife has also been allowed maintenance under the Domestic Violence Act 2005.
The petitioner, if so advised, may raise a plea in the proceedings under the Domestic Violence Act that the maintenance awarded to the wife and the minor child under Section 125 of the Code may be kept Davinder Kumar 2014.04.04 10:36 I attest to the accuracy and integrity of this document CRR(F)-199-2013(O&M) 4 in view while assessing maintenance under the Domestic Violence Act keeping in view the provision of Sub Section 2 of Section 20 of the said Act.
Finding no merit, the petition is dismissed in limine.
(REKHA MITTAL) JUDGE April 01, 2014.
Davinder Kumar Davinder Kumar 2014.04.04 10:36 I attest to the accuracy and integrity of this document