Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

In a recent judgment, the High Court of Andhra Pradesh addressed the issue of interim maintenance in a domestic violence case, emphasizing the importance of granting maintenance from the date of application.The case originated on April 24, 2019, when a married woman and her minor child filed an application claiming maintenance under the Domestic Violence Act. On August 20, 2019, the Trial Court, ordered the husband to pay monthly maintenance of Rs. 20,000 to his wife and Rs. 10,000 to the child, effective from the date of filing the petition.The husband appealed this decision in the Sessions Court On August 10, 2023, the Sessions Judge partially allowed the appeal, maintaining the quantum of maintenance but modifying the effective date to April 1, 2022, holding that the appellant was not in a position to pay maintenance for those years owing to the Covid-19 Pandemic and the financial burden caused by it. Dissatisfied with this modification, the wife and child filed the present criminal revision case.The petitioners argued that the appellate court's modification was based on facts not in the record and inconsistent with the. They contended that the erroneous order would cause them to lose Rs. 9,90,000 in maintenance. The respondent, on the other hand, argued that as an interim measure, the appellate court's modification should not be considered unjust, especially given the pending main case.The High Court, presided by Justice Dr. V.R.K. Krupa Sagar, found that the appellate court's decision was improper for several reasons. Firstly, the appellate court based its decision on unsubstantiated claims about the COVID-19 pandemic's impact on the husband's employment, which were not part of the record. The court referred to Section 125(2) of the Criminal Procedure Code, which allows for maintenance to be paid from either the date of the order or the date of application.Relying on the judgment of the Supreme Court's decision in Rajnesh v. Neha, which recommended granting maintenance from the date of application in all cases to ensure justice and fair play, the court emphasized the legal obligation of a husband to maintain his wife and minor child, stating that their needs should be addressed from the date of the petition."The principle concerning the maintenance of a minor child and a legally wedded wife indicate legal obligation on a husband to maintain them and when the spouse and the minor child were not receiving such allowances from the husband, they are entitled to seek relief by moving appropriate petition before the court and the need of their maintenance as on the date of petition is what has to be addressed by the court and when once it found that the wife and the child are unable to maintain themselves and the husband is capable of maintaining himself and having sufficient means, refused or neglected to pay maintenance, ordering payment of maintenance from the date of petition filed is what normally sounds correct," the Court said.The High Court concluded that the trial court's original order was in accordance with the law, and the appellate court's interference was incorrect and against the material presented. Consequently, the High Court allowed the criminal revision, set aside the appellate court's order, and restored the trial court's order granting maintenance from the date of application i.e., April 24, 2019. CRIMINAL REVISION CASE NO: 1115/2023Palaparthi Shebha and Others vs The State Of Andhra Pradesh and OthersCounsel for petitioner: Arrabolu Sai NaveenCounsel for respondent: Public Prosecutor (AP), Suresh Kumar Reddy KalavaClick Here To Read/Download Order

Maintenance Must Be Paid From Date Of Application In Domestic Violence Cases: Andhra Pradesh High Court Reiterates

Fareedunnisa Huma

Tags