Himachal Pradesh High Court: Ajay Mohan Goel J., while rejecting the present criminal revision sought against the compensation and maintenance allowed by the lower court, clarified the legal position on simultaneous remedy under the Domestic Violence Act and the Criminal Procedure Code.
Facts of the case are enumerated herewith;
- That a petition filed by the respondent herein, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, stood allowed by the Court of Judicial Magistrate, titled as Palbi Sharma v. Sachin Sharma, vide order dated 23-12-2016, directing the present petitioner to pay monthly maintenance to the tune of Rs 3000 per month to the present respondent/wife from the date of the order.
- That, in addition Rs 20000 was also ordered by way of compensation by the Court against the proven acts of cruelty committed by the present petitioner.
- That the petitioner was also directed to provide accommodation to the wife, on rent comprising of one room, kitchen bathroom and toilet or in the alternative to provide said accommodation in his own house if he was in a position to do so.
- That the petitioner filed an appeal against the abovementioned decision which was dismissed by the Court of Sessions Judge vide judgment dated 29-09-2018.
- That the wife also filed an appeal against the order passed by the Court of Judicial Magistrate, which was also dismissed by the Appellate Court vide the same order.
- That the wife has not preferred any further petition against the adjudication made in her appeal by the Appellate Court, therefore, this Court is not making any observation qua rejection of the said appeal but, feeling aggrieved by the dismissal of the appeal preferred by the petitioner, the present Court herein addresses this case as filed under Section 397 read with Section 401 of the Criminal Procedure Code.
Whether the present criminal revision filed by the petitioner maintainable?
While rejecting the present criminal revision, the Court concurred with the findings of the lower court and said that both, the amount granted under Section 125 CrPC, amounting Rs 3500 and an amount of Rs 3000, ordered under Section 12 of the Domestic Violence Act, in addition to the compensation of Rs 20000, awarded against the proven charges of cruelty, stand justified and “by no stretch of imagination, can be said to be on the higher side”. The Court further clarified that, “The provisions of Section 125 of the Criminal Procedure Code and Section 12 of the Protection of Women from Domestic Violence Act, 2005 are distinct and different. Law does not prohibit the wife to proceed under both of the said statutory provisions simultaneously or otherwise.”[Sachin Sharma v. Palvi Sharma, 2020 SCC OnLine HP 2109, decided on 26-10-2020]
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