Court No. - 55
Case :- CRIMINAL REVISION No. - 3637 of 2018
Revisionist :- Munesh @ Monu Tyagi Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Vishal Khandelwal Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The instant criminal revision has been filed challenging the judgment and order dated 16.07.2018 passed by Additional Sessions Judge, Court No.2, Meerut in Criminal Appeal No. 47 of 2018 arising out of an order dated 17.03.2018 passed by ACJM, Court No.5, Meerut in Case No. 3889 of 2017, under section 12 of the Domestic Violence Act, 2005, P.S. Mahila Thana, District Meerut.
Learned counsel for the revisionist submits that the marriage between the revisionist and opposite party no.2 was solemnized on 1.5.2006 as per Hindu Rites and Customs. The proceedings under section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'Act') was initiated by opposite party no.2 against the revisionist and his other family members. The court below vide order dated 15.4.2010 passed an order directing the revisionist and his family members not to commit any domestic violence upon opposite party no.2 and further directed to pay Rs.25000/- as one time maintenance along with Rs.5,000/- towards medical expenses and further Rs.500/- per month as monthly maintenance to opposite party no.2. Against the said order, revisionist filed appeal and the appellate court vide order dated 9.6.2017 the appeal was partly allowed with direction to the revisionist to pay Rs.3000/- per month instead of Rs.500/-. The opposite party no.2 applied for recovery of arrears of maintenance amount to the tune of Rs.2,58,000/- from the date of the judgment dated 15.4.2010. The revisionist filed objection stating there that he is already paying Rs.2500/- per month towards maintenance for the period 9.4.2010 to 30.6.2017 under section 24 of Hindu Marriage Act and prayed that Rs.2,17,500/- already paid by the revisionist may be adjusted but the court below vide order dated 5.1.2018 allowed the application of opposite party no.2 for recovery of Rs.2,58,000/- and further recorded a finding that the payment of Rs.2500/- per month under section 24 of Hindu Marriage Act has not been proved by the revisionist. Learned counsel for the revisionist further submits that the both the court below has committed illegality in holding otherwise. He further submits that as per the proviso to section 12(2) of the Act, the maintenance granted by the Magistrate under the Act is required to be set off from the amount of maintenance granted under section 24 of the Hindu Marriage Act. Under these circumstances, the appellate court while passing the order impugned has not considered the aforesaid proviso to section 12(2) of the Act and has illegally ordered for payment of Rs.3000/- to the opposite party no.2 instead of Rs.500/-
Per contra learned Additional Government Advocate appearing on behalf of the State-respondent submits that in the case of Vishal Bohra Vs. State of U.P. and others, Writ Petition No. 6547 of 2015, this Court held as follows:
"Section 20(1)(d) clearly provides that maintenance shall not be limited to the maintenance granted under any other law including under Section 125 Cr.P.C. would clearly mean that the Magistrate can grant maintenance in addition to the maintenance being received by the aggrieved person either under Section 125 or under any other law for the time being in force. The provision has to be read with Section 26 which provides for relief in other suit and legal proceedings. Any relief available under Sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a Civil Court, Family Court or a Criminal Court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of Act, 2005. Sub-section (2) would provide that any relief referred to under sub-section (1) may be sought for in addition to and along with any other reliefs that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court. The provision to set off is provided under proviso to sub-clause (2) of Section 12 which provides that where a decree for any amount of compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any paid or payable in pursuance of order madismissedde by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in Code of Civil Procedure, 1908 or any other law for time being in force be executable for the balance amount if any left after set off. Section 22 provides that in addition to other reliefs as may be given under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay the compensation for acts of domestic violence committed by that respondent."
Learned A.G.A. further submits that in the case of Sandeep Chaudhary Vs. Radha Chaudhary, AIR 1999 SC 536, wherein Apex Court held that section 24 of the Hindu Marriage Act and section 125 Cr.P.C., both related to the dispute of maintenance and not from Domestic Violence Act. The Apex Court further held the proceedings of Domestic Violence Act is a separate proceedings, therefore, the maintenance granted under section 125 Cr.P.C. and section 24 of the Hindu Marriage Act cannot be clubbed with the proceedings under the Domestic Violence Act. He further submits that the orders impugned passed by the court below do not warrant any interference by this Court.
I have heard learned counsel for the parties and perused the record.
Considering the arguments raised on behalf of the parties, this Court finds that learned counsel for the revisionist has failed to establish that any illegality or irregularity have been committed by both the courts below in passing the orders impugned, therefore, I do not find any ground to interfere in the orders impugned.
The revision being devoid of merit is dismissed.
Order Date :- 29.11.2018 Prajapati
[Chandra Dhari Singh, J]