Sunday, 26 April 2020

Supreme Court: Court should grant maintenance to children alongwith aggrieved person in Domestic violence proceeding

Section 12(1) provides that an aggrieved person may present an application to the Magistrate seeking one or more reliefs under the Act. Under the provisions of Section 20(1), the Magistrate while dealing with an application Under Sub-section (1) of Section 12 is empowered to direct the Respondent(s) to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of domestic violence. This may include but is not limited to an order for maintenance of the aggrieved person as well as her children, if any, including an order under or in addition to an order for maintenance Under Section 125 of the Code of Criminal Procedure or any other law for the time being in force.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 617 of 2019 
Decided On: 08.04.2019

 Ajay Kumar  Vs.  Lata and Ors.


Hon'ble Judges/Coram:
Dr. D.Y. Chandrachud and Hemant Gupta, JJ.

Read full judgment here: Click here
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