Maintenance under Domestic Violence Act cannot be compared with refusal to maintain under Section 125 CrPC : Bombay High Court

The Bombay High Court passed a order on 13 March, 2023.This was seen in the case 233 OF 2018 and the case was presided over by Hon’ble Justice S.G. MEHARE.



In this case the respondent had filed an application under Section 12 of the Protection of Women From Domestic Violence Act, 2005 (for short ‘DV Act’) making allegations that the domestic violence was committed with her.


The High Court noted that the sessions judge had minutely scrutinized evidence to conclude and affirm the finding of the magistrate court that there was no domestic violence, owing to which the wife was not entitled to monetary relief under the DV Act.

Justice Mehare also reiterated that a wife could simultaneously claim relief under the DV Act as well as CrPC. However, the wife had failed to plead that the husband had refused and neglected her.

“The sessions court cannot travel beyond the pleading and laws involved in the case. Considering the concept of refusal and neglect and granting the maintenance to wife in DV Act case is out of jurisdiction and exaggeration, the order of sessions judge is illegal, erroneous and improper and liable to be set aside,” the High Court held.


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