Additional Domestic Violence Act relief was upheld where Section 125 maintenance was meagre.

The wife applied under Section 12 of the Protection of Women from Domestic Violence Act, 2005, alleging that her husband had subjected her to mental and physical harassment and ousted her from the matrimonial home.

The Magistrate, proceeding ex parte after the husband did not appear, directed him to pay Rs. 6,000 per month towards the wife’s food, clothing, medical expenses and other household expenses.

The Sessions Court dismissed his appeal and affirmed the order.

In revision, the husband argued that the wife already received maintenance under Section 125 of the Code of Criminal Procedure and that he had not been afforded a proper hearing.

The Court considered the Protection of Women from Domestic Violence Act, 2005, under which the wife had sought relief under Sections 18 to 22 by an application under Section 12.

It also considered the husband’s contention that the wife received maintenance under Section 125 CrPC.

The judgment cites no precedent or further statutory test; it assesses the concurrent findings and the amount awarded in light of the evidence, the existing maintenance amount, and the cost of living.

The wife’s evidence that she had been harassed and ousted was supported by a family friend, and neither account was rebutted because the husband did not appear or adduce evidence at trial.

The Court therefore found no basis to disturb the concurrent findings of domestic violence.

It also noted that the existing maintenance was Rs. 1,500 per month and considered it meagre; in view of that amount and the cost of living, it held that the additional Rs. 6,000 award was not excessive.

The husband’s challenge to the ex parte proceedings did not persuade the Court to interfere, which noted that he had failed to enter appearance despite service of notice.

Pending applications, if any, were disposed of.