The Karnataka High Court altered a previous ruling made by the Trial Court, which required a woman to receive a monthly maintenance payment of Rs.6,000 and to be given a room in her estranged husband’s shared residence. Justice V Srishananda, a single judge, approved the estranged husband’s memo, which promised to provide the woman with a maintenance payment of Rs.6,000 per month and an additional Rs.5,000 for alternative accommodation.
The High Court bench, referring to Section 19(1)(f) of the Protection of Women from Domestic Violence Act of 2005, revised the original order, stating that it permits monetary expenses to be awarded in lieu of a shared house when deemed appropriate by the court, taking into account the parties’ relationship. The bench observed that the husband, who is the Revision Petitioner No. 1, is currently residing with his first wife, making it impractical for the respondent to reside in the same house in a separate room, and may result in further legal disputes and discord between the parties. Therefore, the court deemed it appropriate to award the respondent a monthly maintenance payment of Rs.6,000 and an additional Rs.5,000 for alternative accommodation instead of providing her with a separate room in the shared residence.
The court utilized its power under Section 19(1)(f) of the DV Act to alter the original order, substituting the provision of a separate room with a monthly payment of Rs.5,000 to the respondent for alternate accommodation. The court reasoned that this arrangement would be more appropriate, given the parties’ circumstances, and would prevent further legal complications. The court also noted that the respondent could use the additional funds to seek a more suitable accommodation than the room previously ordered by the Trial Court. The revision petition was granted accordingly.
Source: https://www.livelaw.in/news-updates/karnataka-high-court-domestic-violence-act-section-monetary-expenses-in-lieu-of-shared-house-estranged-husband-223262
