'Domestic violence law gives no right to seek maintenance'

[MAITRI]

'Domestic violence law gives no right to seek maintenance'
View Source: Indo Asian News Service

New Delhi, Aug 31 (IANS) The Delhi High Court Tuesday held that the
Protection of Women from Domestic Violence Act, 2005 does not give a
woman any additional right to claim maintenance from husband.


Justice Shiv Narayan Dhingra, while dismissing the petition of Rachna
Kathuria, said the act only puts on fast track the enforcement of
existing right of maintenance available to an aggrieved person.


'If a woman living separate from her husband had already filed a suit
claiming maintenance and after adjudication maintenance has been
determined by a competent court either in civil suit or by the court
of metropolitan magistrate in an application under section 125 of
Criminal Procedure Code (CrPC), she does not have a right to claim
additional maintenance under the act,' said Justice Dhingra.


Under the act, the court of metropolitan magistrate (MM) has the power
to grant maintenance and monetary relief on an interim basis in a fast
track manner only in those cases where a woman has not exercised her
right of claiming maintenance either under civil court or under
section 125 of CrPC.


'If the woman has already moved court and her right to maintenance has
been adjudicated by a competent civil court or by a competent court of
MM under section 125 CrPC, for any enhancement of maintenance already
granted, she will have to move the same court and she cannot approach
the MM court under the act by way of an application of interim or
final nature to grant additional maintenance,' the court said.


The petitioner had filed an application under the act seeking
maintenance.


An MM dismissed the application after finding that a civil suit is
already going in a different court and she was getting a total
maintenance of Rs.4,000 per month from her husband.


The court also noted that Rachna was living away from her husband
Ramesh since January 1996. She also filed a civil suit under Hindu
Adoption and Maintenance Act and an application under section 125
CrPC.


Justice Dhingra in his observation said that in case the petitioner
felt that maintenance awarded to her was not sufficient, the proper
course for her was to approach the concerned court for modification of
the order in which she had filed civil suit and which has granted her
maintenance.

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