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PROCEEDINGS UNDER THE DOMESTIC VIOLENCE ACT AND THOSE UNDER SECTION 125, CrPC ARE INDEPENDENT OF EACH OTHER AND HAVE DIFFERENT SCOPE: Delhi High Court

Team SoOLEGAL 12 Apr 2019 3:08pm

PROCEEDINGS UNDER THE DOMESTIC VIOLENCE ACT AND THOSE UNDER SECTION 125, CrPC ARE INDEPENDENT OF EACH OTHER AND HAVE DIFFERENT SCOPE: Delhi High Court

In one of the cases dealt by Delhi High Court, the parties were married since June 2014. The respondent had left her husband's house on the ground that she was physically and mentally tortured. Thereafter, there has been no reconciliation between them and they have been living separately. The wife had filed a petition under Section 125 CrPC by which she was granted interim maintenance from the date of petition. She then filed another petition under Domestic Violence Act, which was dismissed on the ground that she had already been granted maintenance of Rs 1,20,000/- per month under section 125 CrPC. by the family court.

The Appellate Court has held that the Trial Court was erroneous on its part for not considering the Supreme Court and Delhi High Court judgments wherein it is held that CrPC and Domestic Violence Act  provided concurrent jurisdiction and the relief under section 12 of the Domestic Violence Act was in addition to any relief which could be granted by any court of law in any forum. Taking note of this, the matter was remitted to the Trial Court for the relief sought by the respondent to be reconsidered. This order was challenged by the husband.

On the question that wife had already been granted maintenance and it cannot be doubled by filing a petition in Domestic Violence Act petition, the High Court observed:

Cleary the scope of Section 20 of the DV Act is much wider than that of Section 125 Cr.P.C.. While Section 125 Cr.P.C. talks only of maintenance, Section 20 DV Act stipulates payment of monetary relief to meet the expenses incurred and losses suffered as a result of the domestic violence including but not limited to loss of earning, medical expenses, loss caused due to destruction, damage or removal of any property from the control of aggrieved person”.

 

On the scope of both the statutes, the High Court also observed the following:

Further, it may be seen that proceeding under the DV Act and under section 125 Cr.P.C are independent of each other and have different scope, though there is an overlap. In so far as the overlap is concerned, law has catered for that eventuality and laid down that at the time of consideration of an application for grant of maintenance under DV Act, maintenance fixed under section 125 Cr.P.C shall be taken into account."

Tagged: Delhi High Court   Domestic Violence Act   Code of Criminal Procedure   Section 125  
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