C. V. BHADANG, J
Facts in brief
- The wife filed a domestic violence petition against the husband. By its order, the trial court partly granted the application in terms of Section 20 directing the husband to pay a monthly maintenance of Rs 5,000.
- The wife appealed to the additional sessions judge who partly allowed the appeal by enhancing the maintenance. Aggrieved by this, the husband filed the revision petition.
- The petitioner contends that there is no finding of any act of domestic violence being committed by the petitioner against the first respondent.
- It is submitted that the finding about the wife (original complainant) being subjected to any act of domestic violence is a sine qua non for the magistrate to grant any relief under the Act and in the absence of any such finding the Courts below were in error in granting the relief.
Judgment
The High Court took note of the submissions made by the husband that he shall continue to pay Rs 5,000 per month for a limited period for the wife and minor son. Resultantly, the Court allowed the petition and quashed the impugned order.
However, it was left open for the wife to take recourse to any other remedy as may be available under law. The husband was directed to pay a monthly sum of Rs 5,000 for a period of six months.
