The Karnataka High Court has explained that there is no provision under the Domestic Violence Act, 2005 to provide maintenance to daughters until they get married.
A single judge bench of Justice Rajendra Badamikar said under the provisions of the Act the question of awarding maintenance to the daughters until their marriage does not arise at all though the financial aid can be granted till the attainment of age of majority of the child.
The court partly allowed revision petition filed by a man from Tumkur questioning the validity of the orders passed by the magistrate and sessions’ court to provide maintenance to his two daughters till they get married.
The bench pointed out under Section 20(1)(d) of the DV Act, there is a provision for awarding maintenance to the aggrieved person as well as the children. The definition of a child is given in Section 2(d) of the act wherein the child is described as any person below the age of 18 years and it includes adopted, step or foster child.
Hence, under the provisions of Section 20, maintenance can be awarded only to aggrieved person and children. But admittedly, the daughters are now over 18 years of age, but were minors when the petition was filed, it said.
“However, the magistrate has awarded maintenance till their marriage. But under the provisions of the DV Act, the unmarried daughter is not entitled for maintenance and only aggrieved persons or children are entitled for maintenance,” the bench said.
The court also stated that under the provisions of Hindu Adoption Act or under Section 125 of CrPC, maintenance can be claimed by daughters, if they are unable to maintain themselves.
“But in the instant case, admittedly, the major daughters are not parties and they have not sought any maintenance independently. They have got remedy under the provisions of Hindu Adoption Act to seek the maintenance on attaining majority in case they are unable to maintain themselves,” the bench said.
The bench held that both the courts (magistrate and appellate) below have awarded the maintenance from the date of petition till the marriage of daughters, which is not proper and the children are entitled for maintenance till the date of majority.
The court noted that the children required maintenance of Rs 5,000 to Rs 6,000 per month.
“But it is not the sole responsibility of the respondent and it is the responsibility of mother also to maintain the children. Since both are teachers, the maintenance awarded by the magistrate at Rs 5,000 per month appears to be a little higher and the sessions judge has reduced it to Rs 4,000, which is proper. If Rs 4,000 is paid by the respondent husband, then the balance can be contributed by the petitioner-wife/mother,” the bench said.
Going by the facts of the case, the court found that the petitioner wife was subjected to domestic violence, so the damages of Rs 1 lakh awarded by the sessions court by reducing it from Rs 5 lakh, appears to be reasonable and does not call for any interference.
Both the husband and the wife had challenged the order passed by the sessions court in 2015. The couple, both government schoolteachers, had married on March 15, 1998 and had two daughters. The wife had filed a complaint against her husband under DV Act, claiming that her husband neglected her as well as their children, and sought Rs 10 lakh damages or compensation. She also filed a separate complaint under IPC section 498A alleging dowry harassment.
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