Andhra Pradesh High Court Rules Maintenance in Domestic Violence Cases Effective from Application Date
In a landmark decision, the Andhra Pradesh High Court has determined that maintenance in domestic violence cases should be awarded from the date of application, rather than from the date of the court order. Justice Dr. V.R.K. Krupa Sagar delivered this significant judgment on July 16, 2024, in Criminal Revision Case No. 1115 of 2023.
Case Background
The case revolved around a married woman and her minor child who had sought various reliefs under Section 12 of the Protection of Women from Domestic Violence Act, 2005. They filed an interim application for maintenance during the main case's proceedings. The trial court (IV Additional Chief Metropolitan Magistrate, Visakhapatnam) initially granted interim maintenance of Rs. 20,000 per month to the wife and Rs. 10,000 per month to the child, effective from the date of the petition's filing (April 24, 2019). However, upon appeal, the Sessions Judge, Mahila Court, Visakhapatnam, modified this order to grant maintenance starting from April 1, 2022, citing the COVID-19 pandemic's impact on salaries.
Legal Issues and High Court Decision
1. Date of Awarding Maintenance: The High Court ruled that the appellate court was incorrect in altering the date from which maintenance was to be paid. Justice Krupa Sagar referenced the Supreme Court's ruling in *Rajnesh v. Neha (2021), which established that maintenance should be awarded from the application date in all cases, including those under Section 125 of the CrPC.
2. Consideration of Facts on Record: The court noted that the appellate court's reasoning about the pandemic affecting salaries was based on facts not present in the case record. Justice Sagar stated that deciding a case based on material not in the record is improper and requires intervention under Sections 397 and 401 of the CrPC.
3. Legal Obligation to Maintain: The court emphasized the husband's legal obligation to support his wife and minor child. It highlighted that when a spouse and minor child are not receiving allowances from the husband, they have the right to seek relief through appropriate petitions.
Important Observations
Justice Krupa Sagar made several noteworthy observations:
1. Maintenance from the Application Date: "Awarding maintenance from the date of application was in the interest of justice and fair play."
2. Need to Establish Marriage: "In proceedings under the Domestic Violence Act, establishing a marital relationship is not essential. A relationship akin to marriage suffices for the application's maintainability."
3. Husband's Financial Capacity: "The husband, employed at the Bank of America and earning Rs 93,000 per month, must fulfill his maintenance obligations as seen from his affidavit of assets and liabilities filed before the trial court."
The High Court allowed the revision petition, overturned the appellate court's order, and reinstated the trial court's decision to grant maintenance from the application date. The husband was directed to deposit the arrear maintenance within six weeks and to continue paying monthly maintenance as per the trial court's order.
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