The Kalaburigi bench of Karnataka High Court held that instead of accommodation in the shared household, money towards rent can be given to the aggrieved person.
From Paras 3-6,
3. As per Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005 [in short ‘DV Act’], wherever the Court feels to convenient to order for monetary expenses in lieu of the shared house and also taking note of the relationship existing among the parties, a suitable order can be passed in terms of money.
4. In the impugned order, the learned Trial Magistrate after exercising discretionary power granted a sum of Rs.6,000/- as monthly maintenance and a room to be given by the Revision Petitioner in the shared house.
5. Admittedly, the Revision Petitioner No.1 is the husband of the Respondent. However, the Revision Petitioner is living with first wife. Taking note of these aspects of the matter directing the respondent to stay in the same house in a separate room would not be feasible practically and it may give rise to further displeasure among the parties resulting in civil/criminal litigation.
6. Accordingly, this Court exercising its power as is contemplated under Section 19(1)(f) of the DV Act, a sum of Rs.5,000/- be paid instead of the room be provided as the shared house. If a sum of Rs.5,000/- is being ordered, the respondent can find out a suitable alternate premises more than the room that would be provided in the shared house hold as ordered by the Trial Court, it would meet the ends of justice.
Sunil Kumar and Ors Vs Elizabeth on 07 Feb 2023
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Shades of Knife
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