An aggrieved person under Domestic Violence Act 2005 is entitled to ‘ Monetary Reliefs ‘ u/s 20(i) of the Act, with a re-joinder the therein that such relief may include but is not limited to:
- Loss of earnings
- Medical expenses
- The loss caused due to the destruction , damage or removal of any property from the control of the ‘ aggrieved person’ and
- The maintenance for the aggrieved person, as well as her children, if any including an order of maintenance u/s 125 of the Cr.P.C or any other law for the time being in force.
To invoke the provisions of Sec. 125 of the Cr.PC and to grant any such maintenance to the children , he conditions of Sec. 125 (4) shall invariably be fulfilled, more over to claim such relief u/s 125 of the Cr.PC the beneficiary children should be invariably made as a “party” in the application u/s 12 of the DV Act 2005, by the “aggrieved person” .
Any relief in the kind of “maintenance” can’t be given suo moto without making the beneficiaries as making “respondents”.
So long as the marriage is subsisting a spouse can’t get any maintenance and Sec 125 of the Cr.PC can’t be invoked . Most importantly according to Sec 18 of Hindu adoptions and maintenance Act, a wife’s first duty to her husband is to fulfill her marital obligations and to remain under his roof and protection.
Therefore the monetary reliefs u/s 20 of the DV Act is temporary in nature and is intented to fulfil the monetary reliefs concurrently till the disposal of the cases and or file such losses are fully reimbursed .
Once the case is disposed off by the court deciding that the applicant is not an “ aggrieved person” the applicant can’t claim any such relief even after the disposal of the case and after paying the installments fully as ordered by the court. In other words the grant of “ Monetary reliefs” u/s 20 of the DV Act 2005 is co-terminus with the judgment by the courts. Please confirm the opinion- URGENTLY.
