The Karnataka High Court at Kalaburagi Bench has observed that the Courts can order monetary expenses under Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005 (DV Act) wherever it feels convenient and directed the petitioner to pay a sum of Rs. 5000/- for alternate accommodation instead of providing a room in the shared household.

The Bench of Justice V. Srishananda observed that “As per Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005 [in short ‘DV Act’], wherever the Court feels convenient to order for monetary expenses in lieu of the shared house and also taking note of the relationship existing among the parties, a suitable order can be passed in terms of money.”

Advocate Avinash A Uploankar appeared for the petitioners and Advocate Manure Ashok Kumar appeared for the Respondent.

In this case, the Trial Magistrate exercised his discretionary power and granted a sum of Rs. 6,000/- as monthly maintenance and a room to be provided to the respondent by the petitioner in the shared household. The petitioner who was the husband of the respondent was living with his first wife in the shared household. Aggrieved by the said order, the petitioner preferred the Revision Petition under Section 397 read with 401 CrPC.

The Court noted that as the petitioner was living with his first wife, directing the respondent to stay in the same house in a separate room would not be feasible practically and therefore, it might give rise to further displeasure among the parties resulting in civil/criminal litigation.

Accordingly, the Court directed the petitioner to pay Rs. 5,000/- to the respondent to find out suitable alternate premises.

Cause Title- Sunil Kumar v. Elizabeth

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Karnataka High CourtJustice V. SrishanandaProtection of Women from Domestic Violence Act

Sanjoli N Srivastava