- Rajnesh vs Neha and Ors. 04.11.2020 MANU/SC/0833/2020
Paragraph 8 party may claim maintenance under different laws like HAMA and HMA since each offers distinct remedies. For example, a Hindu wife can seek maintenance under both HAMA and Sections 24 and 25 of HMA during proceedings like divorce or restitution.
Paragraph 9 Although a party can approach courts under multiple enactments due to their different purposes, this can cause overlapping jurisdiction and conflicting maintenance orders. This must be streamlined to avoid repeated obligations for the respondent.
Paragraph 10 When maintenance is already awarded under Section 125 CrPC, that amount must be considered in subsequent proceedings under HMA Sections 24 or 25 to prevent duplicate maintenance orders.
Paragraph 29 Section 125 CrPC provides summary maintenance to wives, children, and parents, irrespective of religion. It requires proof that the husband has means but neglects to support a wife who cannot maintain herself.
Paragraph 30 The remedy under Section 125 CrPC is summary and does not resolve matrimonial disputes. Such issues must be handled by civil or family courts under laws like the HMA.
Paragraph 44 Section 3 of the DV Act includes economic abuse, defined as the denial of financial resources the aggrieved person is entitled to, including household necessities and court-ordered payments.
Paragraph 49 Under Section 20 DV Act, the Magistrate can order the respondent to pay for expenses and losses from domestic violence, which includes loss of earnings, medical costs, damaged property, and maintenance, in addition to Section 125 CrPC or other laws.
Paragraph 50 Section 20(1)(d) of the DV Act clarifies that maintenance granted under the Act is in addition to maintenance under Section 125 CrPC or other applicable laws.
Paragraph 51 Section 20(6) authorizes the Magistrate to direct the respondent’s employer or debtor to pay a portion of the respondent’s income or debts towards monetary relief.
Paragraph 52 Section 22 permits the Magistrate to award compensation for injuries, including emotional and mental distress caused by domestic violence.
Paragraph 53 Section 23 allows the Magistrate to grant ex parte monetary relief if satisfied from the aggrieved woman’s affidavit that domestic violence is ongoing or likely.
Paragraph 54 Section 26 allows seeking DV Act reliefs in civil, family, or criminal proceedings. Prior relief must be disclosed to the Magistrate if obtained in another proceeding.
Paragraph 55 Section 36 states the DV Act is supplementary to other laws. Courts differ—some deny adjustment of maintenance across laws, others allow it to avoid duplicate payments.
Paragraph 57 Applicants must disclose prior maintenance orders in new cases for the court to consider adjustments. If modification is needed, it must be sought from the original court.
Payment of Interim Maintenance (i) HMA Section 24 and CrPC Section 125 require interim maintenance orders to be passed within 60 days, but delays occur due to court backlogs, adjournments, and incomplete pleadings.
(ii)Courts often guess the interim maintenance amount due to incomplete or false disclosures by both parties, making accurate assessments difficult.
(iii)Family Courts must first attempt to settle disputes per Section 9 of the Family Courts Act. Marriage counsellors, as required under Sections 5 and 6, should be appointed in every Family Court.
(iv)The applicant must file a brief application with a mandatory Affidavit of Disclosure of Assets and Liabilities.
(v)The court uses these affidavits to objectively assess interim maintenance.
(vi)Delhi High Court, through a series of cases, established a format for affidavits of assets, income, and expenditure for various maintenance laws. This was expanded over time to more laws and courts.
(vii)Given India’s diverse population, the Supreme Court sought input from State Legal Services Authorities to frame appropriate affidavit formats.
(viii)NALSA submitted suggestions from SLSAs to help draft effective Affidavit formats.
(ix)Separate formats for urban, rural, and tribal areas are included in Enclosures I–III of the judgment.
(x)In Meghalaya, which follows a matrilineal system and has tribal tax exemptions, a special affidavit format is prescribed.
(xi)The Court sets guidelines under Articles 136 and 142 of the Constitution for filing affidavits and conducting maintenance proceedings, covering topics like timelines, affidavit disputes, interrogatories, and consequences for delay or false statements. EWS/BPL parties may be exempted.
Permanent Alimony (i–iv)
Courts should consider evidence of income, standard of living, and marriage duration. Support for children’s marriage and consideration of trust funds is included.
Criteria for Maintenance (i–vi)
Maintenance is to prevent destitution, not to punish. Factors include the applicant’s income, standard of living, children, and liabilities. The amount should be fair—not excessive or insufficient—and consider inflation. Section 23 HAMA and Section 20(2) DV Act guide this. Courts may estimate income if not fully disclosed. Key criteria like status, needs, assets, number of dependents, and lifestyle are to be considered.
Paragraph 99
All parties in maintenance proceedings nationwide—current and pending—must file the Affidavit of Disclosure of Assets and Liabilities as per the formats annexed to the judgment.
- Smt. Suman Mandal Vs Rajesh Kumar Mandal on 25 september, 2020, AIR 2021(NOC) 418 (PAT), AIRONLINE 2020 PAT 522.
Summary of paragraph 15 and 16:-
Paragraph 15 Section 20 of the Domestic Violence (DV) Act allows for maintenance to be granted to the aggrieved person and her children, in addition to any maintenance ordered under Section 125 of the Criminal Procedure Code or any other existing law. Section 26 enables relief under Sections 18 to 22 of the DV Act to be sought in any civil, family, or criminal court, in addition to other proceedings. Section 36 affirms that the DV Act supplements, rather than overrides, other legal provisions.
Paragraph 16 A combined reading of Sections 20, 26, and 36 of the DV Act indicates that its maintenance provisions supplement other laws. Thus, maintenance can be awarded under the DV Act in addition to any maintenance granted under Section 125 of the CrPc.
RD VS BD on 31 July, 2019 Delhi High Court
Summary of paragraph 13, 14 and 16:-
Paragraph 13 (Bombay High Court – Prakash Babulal Dangi v. State of Maharashtra, 2017 SCC OnLine Bom 8897):
The Court held that maintenance orders under the DV Act and Section 125 of Cr.P.C. are independent and can co-exist. Hence, the husband is liable to pay both — the interim maintenance under the DV Act and the separate maintenance granted under Section 125 Cr.P.C., which was awarded from the date of the order.
The Court clarified, referring to Section 20(1)(d) of the DV Act, that maintenance granted under the DV Act is in addition to that granted under Section 125 Cr.P.C. or any other law. Section 36 of the DV Act reinforces this by stating that DV Act provisions are supplementary and not in derogation of other laws. Therefore, maintenance under the DV Act cannot replace or substitute maintenance under Section 125 Cr.P.C.
Paragraph 14 (Punjab & Haryana High Court – Sanjay Gulati v. Harsh Lata, MANU/PH/0323/2018):
The Court ruled that a wife already receiving maintenance under Section 125 Cr.P.C. can also claim maintenance under Section 20 of the DV Act. There is no requirement for her to seek enhancement under Section 127 Cr.P.C. Instead, she can file a separate DV Act petition. However, while determining maintenance under the DV Act, courts must consider any maintenance already being paid under other laws like Section 125 Cr.P.C. or Section 24 of the Hindu Marriage Act.
Paragraph 16 (Summary by Court):
A combined reading of Sections 20, 26, and 36 of the DV Act makes it evident that the DV Act provisions for maintenance are supplementary and not exclusionary. Thus, an aggrieved person can receive maintenance under the DV Act in addition to any maintenance granted under Section 125 Cr.P.C.
- Shome Nikhil Danani vs Tanya Banon Danani on 11 April, 2019, AIRONLINE 2019 DEL 668
Summary of Paragraphs 17 and 18:
Paragraph 17
Section 20 of the Domestic Violence (DV) Act has a broader scope than Section 125 of the Criminal Procedure Code (Cr.P.C.), as it allows for monetary relief covering various expenses and losses due to domestic violence—such as loss of earnings, medical costs, and property damage. Additionally, Section 20(1)(d) empowers the magistrate to order maintenance for the aggrieved person and her children, even alongside or in addition to orders under Section 125 Cr.P.C. or any other applicable law.
Paragraph 18
It is evident that an order under Section 20 of the DV Act is not limited by an order under Section 125 Cr.P.C. The Trial Court failed to recognize this distinction, mistakenly perceiving the wife’s application under Section 23 as solely for maintenance. In reality, her application also sought residence rights under Section 19 and protection under Section 18, besides the monetary relief under Section 20.
- Richa Arya Vs State of NCT of Delhi and Ors. Crl. Rev. P. 300/2015 (MANU/DE/0336/2016
Paragraph 22:
The Supreme Court’s judgment in Juveria Abdul Majid Khan Patni vs. Atif Iqbal Mansoori and Anr., (2014) 10 SCC 736,
The Supreme Court clarified that monetary relief under Section 20 of the Protection of Women from Domestic Violence Act, 2005, is distinct from maintenance and may be awarded in addition to any maintenance ordered under Section 125 Cr.P.C or any other law. This relief is intended to cover the expenses and losses suffered by the aggrieved woman and her child due to domestic violence, and it does not depend on the existence of a domestic relationship at the time of filing the application under Section 12.
Rajnesh vs Neha and Ors. 04.11.2020 MANU/SC/0833/2020
RD VS BD on 31 July, 2019 Delhi High Court
Shome Nikhil Danani vs Tanya Banon Danani on 11 April, 2019, AIRONLINE 2019 DEL 668
Richa Arya Vs State of NCT of Delhi and Ors. Crl. Rev. P. 300/2015 (MANU/DE/0336/2016
