Bom HC | Order of maintenance under DV Act set aside in absence of any act of domestic violence committed by husband

Bombay High Court at Goa: C.V. Bhadang, J., allowed a petition filed by the husband and quashed trial court’s order whereby it had partly allowed the wifes’ application filed under Section 20 of the Protection of Women from Domestic Violence Act, 2005.

The wife, along with her minor son, filed a domestic violence petition against the husband. By its order, the trial court partly granted the application in terms of Section 20 directing the husband to pay a monthly maintenance of Rs 5,000. Subsequently, the wife appealed to the additional sessions judge who partly allowed the appeal by enhancing the maintenance to Rs 7,000. Aggrieved, thereby the husband filed the revision petition.

Agha Iftikhar, Advocate for the husband submitted that there was no finding of any act of domestic violence being committed by the petitioner against the wife. It was further submitted that such a finding was a sine qua non for the trial court to grant any relief under the Act. On the other hand, A.D. Bhobe, Advocate appearing for the wife fairly did not dispute the above-said submission.

The High Court took note of the submissions made by the husband that he shall continue to pay Rs 5,000 per month for a limited period for the wife and minor son. Resultantly, the Court allowed the petition and quashed the impugned order. However, it was left open for the wife to take recourse to any other remedy as may be available under law. The husband was directed to pay a monthly sum of Rs 5,000 for a period of six months. [Vijayanand Dattaram Naik v. Vishranti Vijayanand Naik, 2019 SCC OnLine Bom 314, dated 13-02-2019]