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2017 DIGILAW 950 (MP)

Yuvraj Singh Rajput v. Kiran Singh Rajput

2017-08-31

ANJULI PALO

body2017
ORDER 1. This revision has been filed by the applicant, being aggrieved by the order dated 14.1.2016, passed by 13th ASJ, Bhopal, Link Court Bairasia, under section 12 read with section 5 of Protection of Women from Domestic Violence Act, 2005, whereby the findings of the trial Court has been affirmed. 2. The trial Court awarded Rs.2,000/- per month in favour of the respondent No.1 and Rs.1,500/- per month in favour of the respondent No.2 as maintenance allowance. Further it was directed to the applicant to pay Rs.50,000/- as compensation and provide an appropriate house to the respondents for their living. 3. Heard learned counsel for the parties and perused the record. 4. Learned counsel for the respondents has vehemently opposed the petition. 5. It is not in dispute that respondent No.1 is the legally wedded wife of the applicant and respondent No.2 is their minor daughter and they were residing separately since the year 2007. 6. It is not denied by the learned counsel for the respondents that on the report of respondent No.1, offences under sections 498A and 506 of IPC read with sections 3 and 4 Dowry Prohibition Act have been registered against the applicant and his family members and they have been acquitted from the said offence vide order dated 5.8.2011 passed by 13th ASJ, Bhopal in Criminal Appeal No.431/2010. 7. Nature of the proceedings under the provisions of sections 498A and 506 of IPC read with sections 3 and 4 Dowry Prohibition Act is totally different from the proceedings under section 12 of Protection of Women from the Domestic Violence Act, 2005. Under the said provisions the respondent No.1 can claim a suitable portion of residence from the applicant, which has to be properly furnished with all amenities by way of protection. Wife can also claim an alternative accommodation for her dwelling. The marriage between the applicant and respondent No.1 was solemnized on 1.5.2004. Provisions of section 12 of Protection of Women from the Domestic Violence Act, 2005 came into force w.e.f. 26.10.2006. 8. Wife can also claim an alternative accommodation for her dwelling. The marriage between the applicant and respondent No.1 was solemnized on 1.5.2004. Provisions of section 12 of Protection of Women from the Domestic Violence Act, 2005 came into force w.e.f. 26.10.2006. 8. The Hon'ble Supreme Court in the case of V.D. Bhanot v. Savita Bhanot [ (2012)3 SCC 183 ], has held that in terms of section 19 of the Protection of Women from Domestic Violence, Act, 2005 petitioner to provide a suitable portion of his residence to the respondent for her residence, together with all necessary amenities to make such residential premises properly habitable for the respondent. The said portion of the premises will be properly furnished according to the choice of the respondent to enable her to live in dignity in the shared household. Consequently, a sum of Rs.10,000/- directed to be paid to the respondent for obtaining alternative accommodation in the event the petitioner was reluctant to live in the same house with the respondent shall stand reduced from Rs.10,000/- to Rs.4,000/-, which will be paid to the respondent in addition to the sum of Rs.6,000/- directed to be paid to her towards her maintenance. 9. In light of the aforesaid principles of law, it is clear that the respondents are entitled to get maintenance amount, house rent and also compensation from her husband under section 12 of Protection of Women from Domestic Violence Act, 2005. Therefore, no interference is warranted in the impugned order. Accordingly, this revision is dismissed.