Hon'ble Supreme Court in Rajnesh v. Neha AIR

1. Instant criminal revision has been preferred against impugned judgement and order dated 6.2.2024 passed by the learned Additional District and Sessions Judge, Court no. 5 Rampur in Criminal Appeal No. 24 of 2023 under section 29 Protection of Women from Domestic Violence Act as well as order dated 21.11.2022 passed by learned Civil judge (JD)/FTC (Crime Against Women's) Rampur in Misc. Case No. 471 of 2019 under section 12 of Protection of Women from Domestic Violence Act, P.S. Civil Lines, District Rampur. Learned trial court/Magistrate has awarded Rs. 2500/- as interim maintenance to the complainant Shivani @ Soni which is payable from the date of filing application dated 30.9.2021. Interim maintenant order dated 6.2.2024 was assailed by the revisionist before court of sesssion by way of Criminal Appeal under section 29 of the Act which has been dismissed by appellate court and interim maintenance order passed by learned Magistrate has been affirmed.

2. Heard learned counsel for the revisionist, learned counsel for the respondent no. 2, learned AGA for the State and perused the material available on record.

3. Learned counsel for the revisionist submitted that respondent no. 2 had filed an application under section 12 of Protection of Women from Domestic Violence Act before the court of Judicial Magistrate wherein she has prayed for various reliefs in the nature of restraint order, maintenance order for compensation and damages for mental torture and mental stress. The complainant had alleged that her marriage with respondent no. 2 Vipin Kumar Sharma was solemnised on 31.10.2017 according to Hindu rites and rituals and thereafter she was sent off to her matrimonial place. The father of the applicant is no more and her mother is house wife. The applicant is well educated, simple, cultured woman. A sum of money Rs. 4,00,000/- has been given to the respondents at the time of marriage as dowry and subsequently Rs. 2,00,000/- was also given to them by her mother and brother. Respondent no. 1 is highly addicted to liquor in which he spent all his income. He used to thrash the applicant after consuming liquor.

4. All the respondents who are her husband and in-laws were harassing and torturing her continuously due to which her life at the place of respondents became to her unbearable. She got pregnant in course of time. On 30.4.2018, the respondents had beaten her due to which bleeding was profusely started from her nose and sustained injuries on her body part. Due to such high handedness of the respondents, she was constrained to leave her matrimonial home andcame to live her parental home Rampur where she was medically examined at district Hospital Rampur on 1.5.2018. she also filed an application at Mahila Thana, Rampur where both the parties were called upon and parties were entered into compromise whereupon respondent no. 1 took the applicant to a rental accommodation at Mohalla Tarikhana, P.S. Kotwali District Moradabad even then there was no change in attitude and behavior of respondents.

5. On 23.7.2018, she was again beaten by respondents when she was about eight and half months pregnant. The also tried to strangulate her and caused severe wounds on her body parts. They also threatened her for dire consequences if their demand of additional dowry will not be fulfilled. The applicant gave birth to a female child on 15.9.2018, namely, Aavya who born out of her wedlock with her husband. Entire expenses of child born were borne by brother and mother of the applicant. Applicant is living at her parental place being victim of domestic violence.

6. Respondents have not made any arrangement for maintenance, medical and accommodation etc. for the applicant and her daughter since 23.7.2018. Respondent are cruel people and the monthly income of respondent no. 1 at least 50,000/- per month. During pendency of said complaint case in Protection of Women from Domestic Violence Act, an application for interim maintenance was filed purportedly under section 23 of the Act which was allowed by the learned Magistrate on 21.11.2022 and was affirmed by lower appellate court.

7. Learned counsel for the revisionist further submitted that revisionist is a labourer. Applicant has made wrong averment in her application that respondent no. 2 is well financial stable person in fact he is daily wage labour and his daily wages are only Rs. 250/-. The recovery proceedings are underway against the revisionist in view of none depositing amount of arrear of maintenance. Pursuant to impugned order, revisionist was taken into custody of learned court below once and was released after depositing Rs. 5000/-.It is further submitted that revisionist is not able to pay arrear of interim maintenance which is payable from the date of filing application due to financial constraints and the maintenance should be made effective from the date of order instead of date of filing application in the interest of justice.

8. Per contra, learned counsel for the respondent no. 2 submitted that it is wrong to say revisionist is daily labourer. He is man of sufficient financial resources. The respondent no. 2 is victim of domestic violence perpetrated by husband and in-laws who are respondents before learned court below. Learned court below has awarded a small amount as interim maintenance in impugned order and even same has not been paid to her due to which she has to institute recovery proceedings against revisionist in which Rs. 10,000/- has been paid to her according to order sheet filed by the revisionist himself before this court.

9. Hon'ble Supreme Court in Rajnesh vs. Neha AIR 2021 SC 569 has recently observed that enforcement of orders of maintenance Enforcement of the order of maintenance is the most challenging issue, which is encountered by the applicants. If maintenance is not paid in a timely manner, it defeats the very object of the social welfare legislation. Execution petitions usually remain pending for months, if not years, which completely nullifies the object of the law.

10. Hon'ble court further observed as under: "We make it clear that maintenance in all cases will be awarded from the date of filing the application for maintenance."

11. Considering rival submissions of learned counsel for the parties and above dictum of Hon'ble Supreme Court, I find no illegality irregularity or perversity in the impugned order passed by the learned court below. Revision is devoid of merits and deserves to be dismissed.

12. The instant revision is dismissed. Order Date :- 20.3.2025 SY

1. Instant criminal revision has been preferred against impugned judgement and order dated 6.2.2024 passed by the learned Additional District and Sessions Judge, Court no. 5 Rampur in Criminal Appeal No. 24 of 2023 under section 29 Protection of Women from Domestic Violence Act as well as order dated 21.11.2022 passed by learned Civil judge (JD)/FTC (Crime Against Women's) Rampur in Misc. Case No. 471 of 2019 under section 12 of Protection of Women from Domestic Violence Act, P.S. Civil Lines, District Rampur. Learned trial court/Magistrate has awarded Rs. 2500/- as interim maintenance to the complainant Shivani @ Soni which is payable from the date of filing application dated 30.9.2021. Interim maintenant order dated 6.2.2024 was assailed by the revisionist before court of sesssion by way of Criminal Appeal under section 29 of the Act which has been dismissed by appellate court and interim maintenance order passed by learned Magistrate has been affirmed.

2. Heard learned counsel for the revisionist, learned counsel for the respondent no. 2, learned AGA for the State and perused the material available on record.

3. Learned counsel for the revisionist submitted that respondent no. 2 had filed an application under section 12 of Protection of Women from Domestic Violence Act before the court of Judicial Magistrate wherein she has prayed for various reliefs in the nature of restraint order, maintenance order for compensation and damages for mental torture and mental stress. The complainant had alleged that her marriage with respondent no. 2 Vipin Kumar Sharma was solemnised on 31.10.2017 according to Hindu rites and rituals and thereafter she was sent off to her matrimonial place. The father of the applicant is no more and her mother is house wife. The applicant is well educated, simple, cultured woman. A sum of money Rs. 4,00,000/- has been given to the respondents at the time of marriage as dowry and subsequently Rs. 2,00,000/- was also given to them by her mother and brother. Respondent no. 1 is highly addicted to liquor in which he spent all his income. He used to thrash the applicant after consuming liquor.

4. All the respondents who are her husband and in-laws were harassing and torturing her continuously due to which her life at the place of respondents became to her unbearable. She got pregnant in course of time. On 30.4.2018, the respondents had beaten her due to which bleeding was profusely started from her nose and sustained injuries on her body part. Due to such high handedness of the respondents, she was constrained to leave her matrimonial home andcame to live her parental home Rampur where she was medically examined at district Hospital Rampur on 1.5.2018. she also filed an application at Mahila Thana, Rampur where both the parties were called upon and parties were entered into compromise whereupon respondent no. 1 took the applicant to a rental accommodation at Mohalla Tarikhana, P.S. Kotwali District Moradabad even then there was no change in attitude and behavior of respondents.

5. On 23.7.2018, she was again beaten by respondents when she was about eight and half months pregnant. The also tried to strangulate her and caused severe wounds on her body parts. They also threatened her for dire consequences if their demand of additional dowry will not be fulfilled. The applicant gave birth to a female child on 15.9.2018, namely, Aavya who born out of her wedlock with her husband. Entire expenses of child born were borne by brother and mother of the applicant. Applicant is living at her parental place being victim of domestic violence.

6. Respondents have not made any arrangement for maintenance, medical and accommodation etc. for the applicant and her daughter since 23.7.2018. Respondent are cruel people and the monthly income of respondent no. 1 at least 50,000/- per month. During pendency of said complaint case in Protection of Women from Domestic Violence Act, an application for interim maintenance was filed purportedly under section 23 of the Act which was allowed by the learned Magistrate on 21.11.2022 and was affirmed by lower appellate court.

7. Learned counsel for the revisionist further submitted that revisionist is a labourer. Applicant has made wrong averment in her application that respondent no. 2 is well financial stable person in fact he is daily wage labour and his daily wages are only Rs. 250/-. The recovery proceedings are underway against the revisionist in view of none depositing amount of arrear of maintenance. Pursuant to impugned order, revisionist was taken into custody of learned court below once and was released after depositing Rs. 5000/-.It is further submitted that revisionist is not able to pay arrear of interim maintenance which is payable from the date of filing application due to financial constraints and the maintenance should be made effective from the date of order instead of date of filing application in the interest of justice.

8. Per contra, learned counsel for the respondent no. 2 submitted that it is wrong to say revisionist is daily labourer. He is man of sufficient financial resources. The respondent no. 2 is victim of domestic violence perpetrated by husband and in-laws who are respondents before learned court below. Learned court below has awarded a small amount as interim maintenance in impugned order and even same has not been paid to her due to which she has to institute recovery proceedings against revisionist in which Rs. 10,000/- has been paid to her according to order sheet filed by the revisionist himself before this court.

9. Hon'ble Supreme Court in Rajnesh vs. Neha AIR 2021 SC 569 has recently observed that enforcement of orders of maintenance Enforcement of the order of maintenance is the most challenging issue, which is encountered by the applicants. If maintenance is not paid in a timely manner, it defeats the very object of the social welfare legislation. Execution petitions usually remain pending for months, if not years, which completely nullifies the object of the law.

10. Hon'ble court further observed as under: "We make it clear that maintenance in all cases will be awarded from the date of filing the application for maintenance."

11. Considering rival submissions of learned counsel for the parties and above dictum of Hon'ble Supreme Court, I find no illegality irregularity or perversity in the impugned order passed by the learned court below. Revision is devoid of merits and deserves to be dismissed.

12. The instant revision is dismissed. Order Date :- 20.3.2025 SY