In a significant ruling, the 4th Additional Sessions Judge in Srinagar upheld the maintenance and housing rights of a domestic violence victim. The judgment, delivered on June 24, 2024, disposed of two appeals concerning the same case, where the trial court had previously granted partial relief to the petitioner under the Protection of Women from Domestic Violence Act, 2005.
The petitioner, a legally wedded wife and mother of two, filed a complaint alleging severe domestic violence and mental torture from her husband and his family members. The trial court had ordered the respondent (husband) to provide rental accommodation and maintenance for the petitioner and her children. However, the petitioner appealed for additional relief, seeking her right to the shared household and maintenance from the date of application rather than the date of judgment.
The appellate court considered the arguments and evidence presented by both sides. It reviewed the trial court’s decision and the legal provisions under the Domestic Violence Act. The court reaffirmed the petitioner’s right to reside in the shared household and emphasized that maintenance should be provided from the date of the initial application.
The key points of the judgment include:
- Maintenance: The respondent is directed to pay Rs. 10,000 per month to the petitioner, Rs. 8,000 per month to each child, totaling Rs. 26,000 per month from the date of the judgment, with a 5% enhancement every two years.
- Housing: The respondent must arrange rental accommodation for the petitioner and her children near her parental home within one month of the judgment.
- Shared Household: The court recognized the petitioner’s right to reside in the shared household, despite periods of absence due to domestic violence.
This judgment reinforces the provisions of the Protection of Women from Domestic Violence Act, ensuring that victims receive timely and adequate support.
Case Details
|
Case Title |
Arjuman Majeed & Ors. v. Qazi Asif Hussain & Ors. |
|
Judge(s) |
Gowhar Majid Dalal |
|
Lawyer(s) |
Adv. Arzaan Ahmad & Associates for the appellants; Adv. Sajad Mir & Associates for the respondents |
|
Date of Order |
June 24, 2024 |
Key Legal Points and Findings
|
Key Legal Points |
Findings |
|
Maintenance from the date of application |
Ordered to be paid from the date of judgment, reaffirmed maintenance from the application date. |
|
Right to shared household |
Recognized under Section 17 of the Protection of Women from Domestic Violence Act, upheld despite periods of absence. |
|
Rental accommodation |
Modified and aggrieved person granted shared household |
|
Enhancement of maintenance |
5% increase every two years. |
Timeline of Events
|
Date |
Event |
|
February 23, 2024 |
Case filed in the trial court. |
|
February 5, 2024 |
Initial judgment by Sub-Registrar/JMIC Srinagar. |
|
March 1, 2024 |
Appeal filed by respondents. |
|
April 30, 2024 |
Appeal transferred to 4th Additional Sessions Judge, Srinagar. |
|
June 24, 2024 |
Final judgment by 4th Additional Sessions Judge, Srinagar. |
