Protection of Women from Domestic Violence Act, 2005
Section 19—Right of residence in shared household—Alternative accommodation—Right created in favour of a wife under Section 19 of the Domestic Violence Act is not an absolute embargo for initiating or continuing a civil proceedings relating to the property in question—Petitioner had availed two houses for providing alternative accommodation of first respondent but she was not satisfied with either of the said houses—Petitioner is ordered to pay rupees three thousand to the first respondent as monthly rent for the alternative accommodation from the date of her vacating the shared household.
[Paras 11 to 14]
Section 20—Enhancement of maintenance—Revision—Magistrate ordered to pay a monthly maintenance at the rate of Rs. 3,000 where as the Appellate Court directed petitioner to pay monthly maintenance to the first respondent at the rate of Rs. 7,500—First respondent is a qualified nurse but she maintained that she was unemployed while examined in the court—Contention of petitioner is that he has an obligation to maintain his first wife and his minor son in that relationship—Besides, maintenance of his daughter in the first marriage and his aged parents is his obligation—Having considered the facts and evidence adverted to, in the light of law laid down by the Apex Court in Rajnesh v. Neha, the monthly maintenance entitled by the first respondent is Rs. 4,000—Petition allowed in part.
[Paras 15 to 19]
Sections 20 & 25(2)—Enhancement of maintenance—Revision—Petitioner submits that first respondent purchased 1.40 acres of land and she presently has employment, and therefore, she is not entitled to get maintenance—Such subsequent events, which are not in evidence are not liable to be considered in this revision petition—It is especially so when Section 25(2) of the Domestic Violence Act enables any of the parties to approach the Magistrate for alteration/modification/revocation of the order. [Criminal Procedure Code, 1973, Section 397]
[Para 20]