Courts Must Not Act as Subject Experts: Punjab & Haryana High Court Dismisses Challenge to PGT Chemistry Answer Key Objection to Territorial Jurisdiction Must Be Raised at the Earliest: Orissa High Court Dismisses Wife's Plea Against Jurisdiction Tenant Cannot Retain Possession Without Paying Rent: Madhya Pradesh High Court Orders Eviction for Non-Payment Section 197 CrPC | Official Duty and Excessive Force Are Not Mutually Exclusive When Assessing Prosecution Sanction: Kerala High Court Quashes Criminal Proceedings Against Sub-Inspector Police Cannot Meddle in Religious Disputes Without Law and Order Concerns: Karnataka High Court Orders Inquiry Against Inspector for Interference in Mutt Property Dispute Taxpayer Cannot Be Denied Compensation for Unauthorized Retention of Funds: Gujarat High Court Orders Interest on Delayed Refund Settlement Reached in Conciliation Has the Force of an Arbitral Award: Delhi High Court Rejects Plea for Arbitration Calcutta High Court Slams Eastern Coalfields Limited, Orders Immediate Employment for Deceased Worker’s Widow Suit for Declaration That No Marriage Exists is Maintainable: Bombay High Court Rejects Plea to Dismiss Negative Declaration Claim Tearing Pages of a Religious Book in a Live Debate is a Prima Facie Malicious Act: Allahabad High Court Dismisses Plea to Quash FIR Unexplained Delay, Contradictory Testimony, and Lack of Medical Evidence Cannot Sustain a Conviction: Supreme Court Upholds Acquittal in Rape Case Weaponizing Criminal Law in Matrimonial Disputes is Abuse of Process: Supreme Court Quashed Complaint Stamp Duty Exemption Applies When Property Transfer Is Part of Court-Ordered Divorce Settlement: Supreme Court A Court Cannot Deny Just Maintenance Merely Because the Applicant Claimed Less: Orissa High Court Upholds ₹10,000 Monthly Support for Elderly Wife Punjab and Haryana High Court Rejects Land Acquisition Challenge, Cites "Delay and Laches" as Key Factors Demand and Acceptance of Illegal Gratification Proved Beyond Doubt: Kerala High Court Affirms Conviction in Bribery Case Violation of Decree Must Be Proved Beyond Reasonable Doubt: Punjab & Haryana High Court Upholds Dismissal of Application Under Order 21 Rule 32 CPC Ensuring Teacher Attendance Through Technology is Not Arbitrary, But Privacy of Female Teachers Must Be Protected: Madhya Pradesh High Court Upholds Circular Once a Mortgage is Permitted, Auction Sale Needs No Further NOC: Punjab & Haryana High Court Delay Defeats Rights: Punjab & Haryana High Court Dismisses Petition for Appointment as PCS (Judicial) After 16-Year Delay Minor Signature Differences Due to Age and Health Do Not Void Will if Testamentary Capacity Established: Kerala High Court Criminal Investigation Cannot Be Stalled on Grounds of Political Conspiracy Without Evidence: Karnataka High Court Refused to Quash FIR Against MLA Munirathna Family Courts Must Prioritize Justice Over Technicalities" – Delhi High Court Sets Aside Order Closing Wife’s Right to Defend Divorce Case Fraud Vitiates Everything—Sale of Debuttar Property by Sole Shebait Cannot Stand: Calcutta High Court Reassessment Cannot Be Used to Reopen Settled Issues Without New Material – Bombay High Court Quashes ₹542 Crore Tax Demand on Tata Communications Repeated FIRs Against Multiple Accused Raise Serious Questions on Motive: Allahabad High Court Orders CBI Inquiry Conviction Under Section 326 IPC Requires Proof of ‘Dangerous Weapon’ – Supreme Court Modifies Conviction to Section 325 IPC Marital Disputes Must Not Become Never-Ending Legal Battles – Supreme Court Ends 12-Year-Long Litigation with Final Settlement Denial of Pre-Charge Evidence is a Violation of Fair Trial: Supreme Court Restores Complainant’s Right to Testify Slum Redevelopment Cannot Be Held Hostage by a Few Dissenters – Supreme Court Dismisses Challenge to Eviction Notices Termination of Judicial Probationers Without Inquiry Violates Principles of Natural Justice – Allahabad High Court Quashes Discharge Orders A Celebrity’s Name is Not Public Property – No One Can Exploit It Without Consent – High Court Bars Release of Film Titled ‘Shaadi Ke Director Karan Aur Johar’ Truck Driver's Negligence Fully Established – No Contributory Negligence by Car Driver: Delhi High Court Enhances Compensation in Fatal Accident Case Stamp Duty Demand After 15 Years is Legally Unsustainable – Karnataka High Court Quashes Proceedings Licensees Cannot Claim Adverse Possession, Says Kerala High Court No Evidence Directly Implicating Acquitted Accused: Punjab & Haryana High Court Upholds Acquittal in ₹55 Lakh Bank Fraud

No Ground for Setting Aside Orders: High Court Affirms Rent and Maintenance in Domestic Violence Case

07 May 2024 8:19 AM

By: Admin


High Court reaffirms lower courts' orders, emphasizing proper financial assessment, and directs immediate provision of rented accommodation.

In a recent judgment, the High Court of Judicature at Allahabad, Lucknow Bench, dismissed a petition filed under Article 227 of the Constitution of India by Kiran Yadav and her daughter, Shreya Yadav, seeking an enhancement of rent allowance and provision of rented accommodation under the Protection of Women from Domestic Violence Act, 2005. The judgment, delivered by Hon'ble Justice Mohd. Faiz Alam Khan on May 8, 2024, upheld the decisions of the trial court and appellate court, emphasizing the sufficiency of the monthly allowance and the adequacy of the compensation awarded.

Kiran Yadav, the petitioner, initially approached the Judicial Magistrate, Faizabad (Ayodhya), under Section 12 of the Protection of Women from Domestic Violence Act, 2005, seeking various reliefs including a monthly allowance and provision for rented accommodation. The trial court ordered a monthly maintenance of Rs. 1,500 for Kiran Yadav and Rs. 1,000 for her daughter, along with a one-time compensation of Rs. 2,000 and Rs. 15,000 respectively. Additionally, the respondent, Manoj Kumar Yadav, was directed to provide a rented room for Kiran Yadav. Dissatisfied with the allowance, Kiran Yadav sought enhancement of the amount, which was subsequently dismissed by the Additional Sessions Judge, Faizabad (Ayodhya).

The High Court reiterated the importance of a thorough financial assessment in awarding maintenance and compensation. "The trial court has considered the financial position of the respondent and all other facts and circumstances of the case," noted Justice Khan, emphasizing that the petitioners failed to provide adequate reasons for the inadequacy of the compensation.

Justice Khan underscored the supervisory role of the High Court under Article 227, affirming the lower courts' findings. "I do not find any good ground to set aside the impugned orders," he stated, referencing the sufficiency of the compensation and maintenance provided based on the financial positions and circumstances.

The judgment emphasized the procedural propriety and the absence of any illegality in the trial and appellate court orders. "Having regard to all the facts and circumstances of the case, I do not find any illegality in the impugned orders with regard to the payment of one-time compensation or the quantum of maintenance provided," Justice Khan remarked. The Court highlighted the consistent consideration of financial evidence and dismissed the petitioners' claims for enhancement as baseless.

Justice Khan, in addressing the petitioners' appeal for enhanced rent, noted, "Perusal of the record would evidently reveal that vide order dated 20.09.2021 only a direction was given by the Magistrate to the respondent to provide a rented room to the petitioner and no quantum of money was directed to be paid."

The High Court's dismissal of the petition highlights the judiciary's commitment to fair and thorough financial assessment in cases under the Protection of Women from Domestic Violence Act. By directing the executing court to ensure the provision of rented accommodation without delay, the judgment underscores the need for timely enforcement of orders while maintaining the adequacy of financial awards. This decision reaffirms the legal framework supporting the financial and residential rights of victims of domestic violence, setting a precedent for future cases.

 

Date of Decision: May 8, 2024

Kiran Yadav and Another vs. Additional Sessions Judge

 

Similar News