Gauhati High Court
Shofi Kamal Ahmed vs Joynab Khatun on 8 April, 2019
Author: Hitesh Kumar Sarma
Bench: Hitesh Kumar Sarma
Page No.# 1/2
GAHC010143052018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet. 640/2018
1:SHOFI KAMAL AHMED
S/O- ABBAS ALI AHMED, R/O- VILL TAPALBARI, PS BARPETA, DIST-
BARPETA, ASSAM, PIN- 781301
VERSUS
1:JOYNAB KHATUN
D/O- JOYNAL ABEDIN, VILL- DIGHIRPATTAR, PO AND PS BAGHBOR, DIST-
BARPETA, ASSAM, PIN- 781308
Advocate for the Petitioner : MR M H AHMED
Advocate for the Respondent : MR. A HUSSAIN
BEFORE
HONOURABLE MR. JUSTICE HITESH KUMAR SARMA
ORDER
Date : 08-04-2019 This is a criminal petition, filed under Section 482 Cr.PC, seeking quashment of the C.R. Case No. 608/2016, under the provision of Domestic Violence Act, and the order, dated 22.7.2016, granting interim maintenance allowance of Rs. 3,000/- per month to the petitioner.
Perused the petition as well as the annexures furnished therewith. The petitioner has stated in the petition that the respondent/wife has been getting maintenance allowance in a proceeding under Section 125 Cr.PC also. According to him, there cannot be maintenance under both the proceedings. But, Section 26 sub-Section 3 of the Protection of Women from Domestic Violence Act, provides that in case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, he shall be bound to inform the Magistrate of the grant of such relief.
Page No.# 2/2 In the Protection of Women from Domestic Violence Act, 2005, it is nowhere mentioned as to what for this information is required to be given to the court which grant such relief. But, to the understanding of this court, the purpose of this provision is to see that while a party is getting maintenance in two proceedings, a proper assessment of maintenance allowance to be awarded is necessary, and only when the court granting the relief knows that in another proceeding the petitioner is receiving a particular amount then only it can decide about the logical quantum in the other proceeding to be awarded.
That being so, in the considered view of this court, there is no bar in getting maintenance in two parallel proceedings under Section 125 Cr.PC and under the Protection of Women from Domestic Violence Act. However, the person, who is getting maintenance, is bound to inform the court granting maintenance in the subsequent proceeding. Accordingly, this petition is disposed of with a direction to the respondent to inform the court below that she is getting the maintenance allowance in another proceeding enabling the court to decide logical quantum of maintenance to be awarded to the respondent. The petition stands disposed of.
JUDGE Comparing Assistant