If a woman fails to establish domestic violence against her by the husband then her children cannot be given monetarily relief under the Protection of Woman against Domestic Violence, the high court recently ruled.
Justice ML Tahaliyani of the Nagpur bench of the high court while quashing an order of the magistrate court passed on March 12, 2013, which was confirmed by the sessions court said, "In my considered opinion, the learned magistrate had committed an error in granting monetary relief to respondent Nos. 2 and 3 (minor children), despite the fact that domestic violence could not be established."
The husband had challenged the order passed by the magistrate, who had held that a case under relevant sections of the Domestic Violence Act, could not be established but had granted monetary relief to the minor children. The court had ordered the husband to pay Rs2,000 per month for each towards the educational expenses and Rs1,000 per month each for their maintenance.
The husband through his advocate Sonali Saware, argued that "The monetary relief is available to children of the aggrieved person under Section 20 of the Act. However, the aggrieved person is under obligation to establish that she had to meet the expenses incurred and losses suffered due to domestic violence on the part of the respondent."
Further it was said, "Since the learned magistrate has come to a conclusion that the domestic violence could not be proved and since that finding of the learned magistrate has not been challenged by the aggrieved person, it follows that no relief could have been given to respondent (children)."
After going through the relevant provisions the court ruled that "The view taken by the learned magistrate and the appellate court, in my opinion, is not correct." Accordingly, the court set aside the order and directed that the amount of Rs25,000 deposited by the husband be refunded to him by the registry.