The said DV Act 2005 has had and is still having various, bad and sad implications for both men and women.
Coming to the point, maintenance/ relief to the wife and children, I personally feel that is more being misused, much to the very objectives of the DV Act itself. I feel that maintenance to wife and children are allowed only under following sections of the acts.
- u/s 24 of Hindu Marriage Act as sequel to divorce.
- u/s 18 & 20 of the Hindu Adoption and Maintenance Act – 1956.
- Section 20 of the Protection of Women from Domestic Violence Act 2005.
- Section 125 of the Cr PC is of course is the guiding and enforcing section, for all such maintenance.
- It is pertinent to note here that the applicant /affected person or persons (major children and guardians for minors) should be party and explicitly claimant to claim such maintenance.
- Section 20 of the Domestic Violence Act says that the “aggrieved person” is entitled to monetary relief to her children also.
Here the point is that the “aggrieved person” shall also make her children ( as guardians if they are minor) as party to claim monetary relief.
To claim monetary relief (not maintenance) u/s 20 of the D.V.Act, the claimant should be a “aggrieved person”. If the allegations of “Domestic Violence” as defined under the act is not proved, she will not be called as “aggrieved person” and is not entitled to any relief available under act.
I would like to seek your advise on this I would like to say that the “children” are also not entitled for any “ monthly relief” u/s 20 of the DV Act.
The DV Act 2005 does not alter the marital status of wife and husband, even there no provision for “judicial separation”. The relief and other monetary and other relief remains to be temporary till a material change in the marital status is altered.
The magistrate can’t order the monetary relief to the children of the applicant suo moto which the applicant has not made her children as a party to the reliefs under DV Act 2005.The total income and educational qualifications of both rival parties are no taken into consideration. The yardstick for granting maintenance , or even monetary relief is sec 125(4) of the Cr.P.C. The spouse if has left her matrimonial home on her own and without assigning any reasons is not entitled to any kind of maintenance
The total income and educational qualifications of both parties are not taken into consideration. I shall be much obliged if you could kindly give me your considered opinion on the above doubts. I may kindly be pardoned for the troubles and any inconvenience caused to you.
With profound regards,