JUDGMENT Hon'ble CHAUHAN, J.—The Registry has pointed out two defects : firstly, the court fees of Rs.2 has not been affixed on the revision petition. Secondly, the certified copy of the order dated 29.02.2008 has not been filed. Despite the lapse of three years, the defects have not been cured . However, even on merits, the case is a weak one for the following reasons : 2. The petitioner is aggrieved by the order dated 29.02.2008, passed by the Additional Civil Judge (JD) and Judicial Magistrate No.22, Jaipur City, Jaipur, whereby the learned Magistrate had directed the petitioner to pay Rs.2,500/- per month to the respondent-wife, Smt. Meena @ Riya Bairani, under Section 23 of the Protection of Women from Domestic Violence Act, 2005 ('the Act', for short) for her treatment as she is suffering from failure of kidney. The petitioner is also aggrieved by the order dated 19.05.2008, passed by the Additional District & Sessions Judge No.4, Jaipur City, Jaipur, whereby the learned Judge has upheld the order dated 29.02.2008. 3. Mr. Santosh Kumar Jain, the learned counsel for the petitioner, has vehemently contended that there is no allegation of any domestic violence being committed by the petitioner upon the respondent-wife. Secondly, since the respondent-wife does not stay with him, therefore, he is not liable to pay for her treatment. 4. Heard the learned counsel and perused the impugned orders. 5. Section 3 of the Act defines the term “domestic violence” as under : 3. Definition of domestic violence.- For the purposes of this Act, any act, omission or commission or con-duct of the respondent shall constitute domestic violence in case it- (a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or (b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or (c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or (d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.-For the purposes of this section,- (i) "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; (iii) "verbal and emotional abuse" includes- (a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and (b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested. (iv) "economic abuse" includes- (a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance; (b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and (c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household. Explanation II.- For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes "domestic violence" under this section, the overall facts and circumstances of the case shall be taken into consideration. 6. Section 3 of the Act recognizes the economic rights of a woman. 7. Section 20 of the Act reflects the “economic rights” of a women as under: 20.
6. Section 3 of the Act recognizes the economic rights of a woman. 7. Section 20 of the Act reflects the “economic rights” of a women as under: 20. Monetary reliefs.- (1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,- (a) the loss of earnings; (b) the medical expenses; (c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and (d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under Sec. 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force. (2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed. (3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require. (4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides. (5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1). (6) Upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent. 8. Section 20(1)(b) of the Act entitles a woman to claim monetary relief for her medical treatment. 9.
8. Section 20(1)(b) of the Act entitles a woman to claim monetary relief for her medical treatment. 9. A bare perusal of the impugned orders clearly reveals that according to the certificate issued by the Monilek Hospital, the respondent-wife is suffering from failure of kidney. For her treatment, she would require at least Rs.2,50,000/-. Admittedly, the respondent-wife is living away from the petitioner-husband. However, she is neither being maintained by him, nor she is given any money for medical treatment. Prima facie, the petitioner's omission in not maintaining her and in not providing her medical treatment, such a omission falls within the definition of economic abuse contained in Section 3 of the Act. Thus, domestic violence is being committing. Hence, the learned courts below were certainly justified in directing the petitioner-husband to pay Rs.2,500/- per month for the medical expenses of the respondent-wife under Section 20 of the Act. 10. In this view of the matter, this Court does not find any illegality or perversity in the impugned order. This petition, being devoid of any merit is, hereby, dismissed.