BENGALURU: The Karnataka High Court held that maintenance awarded to an estranged woman under the Protection of Women from Domestic Violence Act cannot be enhanced under CrPC. Allowing a petition filed by Shivanand from Hubballi district, Justice M Nagaprasanna of Dharwad Bench of noted,
“It is an undisputed fact that the wife invoked the provisions of the Act in which maintenance was awarded. It is also an admitted fact that there is no proceeding initiated by the respondent-wife invoking Section 125 of the CrPC. Without there being any determination of maintenance under Section 125 of the CrPC, petition under Section 127 of the CrPC is not maintainable.”
The court clarified that the order will not stop the wife from initiating any further proceedings.Shivanand challenged the order passed by the Dharwad sessions judge on June 12, 2019, which had confirmed the order passed by a magistrate on October 15, 2018.Shivanand married Basavva in 2011 and as the relationship soured, she filed a petition invoking Section 12 of the Domestic Violence Act. The magistrate awarded Rs 1,000 as maintenance.
She later filed a petition invoking Section 127 of CrPC seeking enhancement of maintenance. The petition was allowed and she was awarded Rs 5,000. Questioning the orders, Shivanand filed the revision petition that was dismissed by the judge.