Read Time: 08 minutes

Synopsis

The Allahabad High Court has recently observed that unmarried daughters, regardless of their age or religious affiliation—be it Hindu or Muslim—possess the right to claim maintenance under the Protection of Women from Domestic Violence Act, 2005 (DV Act).

"Section 20(1) of the DV Act (first part) speaks of expenses incurred and losses suffered consequent upon domestic violence. From reading this part, this impression gains ground that irrespective of other factors like dependency, age or marital status etc (which may be relevant in or under any other law) the aggrieved person has an independent right to obtain monetary relief for expenses incurred and losses suffered because of domestic violence," court held.

The court was dealing with a plea filed by a father against the order of maintenance to his daughters. The daughters, who were aged about 25 years, 22 years, and 20 years respectively, had obtained the maintenance order from the trial court on the ground that after the death of their real mother in 2015, their father and his new wife, had been mistreating, physically assaulting them and had also stopped them from pursuing their education;

In appeal, the father claimed that the daughters were adults and financially independent, therefore, they were not entitled to maintenance from him under the DV Act. 

The bench of Justice Jyotsna Sharma, in the judgment dated January 10, noted that under the DV Act, any aggrieved person including any child of the aggrieved person, who has been subjected to domestic violence, may claim monetary relief to meet the expenses incurred and losses suffered as a result of domestic violence and also monetary relief for such incidental matters like monetary relief for loss of earnings, medical expenses, loss of any property and also for maintenance.

Court pointed out that the provisions of the DV Act further provide that the maintenance can be claimed under or in addition to any other law for the time being in force.

"The way provision has been worded, gives a clear indication that section 12 of the DV Act is essentially a procedural law, which can be resorted to by any aggrieved person, who draws a substantive right for maintenance from any other law, whether under section 125 Cr.P.C. or personal law applicable to the parties or any other law for the time being in force. Thus law is quite clear to the extent that maintenance can be claimed under any law which provides for the same. Further that even if maintenance has already been granted under one law, the aggrieved person can ask for monetary relief for maintenance under any other law in addition, under the provisions of the DV Act. Thus this law seeks to avoid multiplicity of proceedings," court stated.

It referred to several judgments of the Supreme Court and high courts concerning the issue and highlighted that the Supreme Court has recognized that the scope of the DV Act, 2005 is quite wide.

"The enactment seeks to grant a quicker relief where the aggrieved woman has been subjected to domestic violence and was in a domestic relationship with the respondent," court noted.

It emphasised that "where a sufferer has a right to obtain maintenance as provided in criminal law or in civil law or personal law and that she has been subjected to domestic violence from a person who stood in domestic relationship, she may resort to quicker method of obtaining reliefs under section 12 of the Protection of Women from Domestic Violence Act, 2005".

Therefore, court held that the appellant's three major unmarried daughters were entitled to the maintenance as allowed by the trial court. 

"This is made clear again that the courts have to look for other laws applicable when the question pertains to right to be maintained. However, where issue does not pertain to mere maintenance, the independent rights are available to an aggrieved under section 20 of the DV Act itself," court, however, clarified. 

Case Title: Naimullah Sheikh And Another v. State Of U.P. And 3 Others