Under Domestic Violence Act Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court
The Karnataka High Court has passed a judgment on 7th February, 2023 modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband.This was in the case Sunil Kumar And Ors V Elizabeth and this is presided over by a single bench of Justice V Srishananda.
FACTS OF THE CASE:
The learned counsel for the Revision Petitioners has filed a Memo, which reads as under:
“That, the parties/Revision petitioners herein undertake to pay the maintenance amount of Rs.6,000/- per month as per the order of the Trial Court and further undertakes to pay as additional amount for alternate accommodation to the tune of Rs.5,000/-. The same be kindly accepted and made part of the record. Hence, this Memo.”
In the impugned order, the learned Trial Magistrate after exercising discretionary power granted a sum of Rs.6,000/- as monthly maintenance and a room be given by the Revision Petitioner in the shared house. the Revision Petitioner No.1 is the husband of the respondent. However, the Revision Petitioner is living with first wife. Taking note of these aspects of the matter directing the respondent to stay in the same house in a separate room would not be feasible practically and it may give rise to further displeasure among the parties resulting in civil/criminal litigation.
JUDGEMENT:
The Court held that “while maintaining the order of the learned Trial Magistrate and confirmed by the learned First Appellate Court to pay monthly maintenance of Rs.6,000/-, the first Revision Petitioner is directed to pay another sum of Rs.5,000/- per month in addition to Rs.6,000/- per month towards the occupation of a similar accommodation of her choice, as per her prayer either in the Chitagoppa or in Bidar, other than the shared house hold in lieu a sum of Rs.5,000/- is ordered to be paid in lieu of the room to be provided as per the order of the learned Trial Magistrate in the impugned order.
(iii) The arrears of maintenance if any is to be paid by the Revision Petitioner No.1 within three months forthwith.
(iv) Failing which, the respondent is at liberty to take appropriate action in accordance with law.”
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JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA