Protection of Women from Domestic Violence Act, 2005
Sections 12 & 23—Enhancement of interim maintenance—Revision—Order passed by Sessions Court modifying order of Magistrate reveals that due consideration was given to the affidavits of assets and liabilities submitted by both the parties—Petitioner’s salary slips were examined to determine his updated monthly income—Apart from his wife and daughters, the petitioner, has no other dependents or any financial obligation—Revisional jurisdiction under Sec. 397 of CrPC is limited in scope and may be exercised only to correct a patent defect, an error of jurisdiction, or a manifest illegality—Merely because a different view is possible is not a ground for interference unless the order is perverse, contrary to law, or unsupported by material evidence—Petitioner has failed to demonstrate any well-founded error justifying the High Court’s intervention—No ground for interference is made out—Petition dismissed.
[Paras 17 to 19]
Sections 12 & 23—Grant of interim maintenance—Revision—Contention that maintenance and educational expenses should be reduced on ground that elder daughter has secured employment—Financial requirements of younger daughter, who is continuing her college education, remain unchanged—Mere fact that one daughter has started earning does not absolve the petitioner of his continuing obligation to provide for younger daughter’s education, which is an essential necessity—Since the burden of educational expenses persists, no cogent reason found to interfere with impugned order on this ground—Petition dismissed.
[Para 20]