Domestic Violence vs Section 125 CrPC: Both are independent proceedings [Read the Order]

In a case of maintenance, the Supreme Court has made following significant observations:

"We are of the considered opinion that the present appeal can be disposed of on a very short point. Admittedly, the respondent was denied any monetary compensation under section 20 of the Act by the learned Magistrate.

Once the learned Magistrate declined to grant maintenance for reasons specified, it was not open for him to assume jurisdiction in a proceeding under section 125 of the Cr.P.C. which was not pending before him and was a completely independent proceeding to direct grant of maintenance under the same.

The two being independent proceedings, the learned Magistrate wrongly assumed jurisdiction under Section 125 Cr.P.C in a proceeding under the Act.

In effect, what the magistrate directly declined to the respondent, he granted indirectly by observing that till the proceedings under section 125 of Cr.P.C. is not decided, the appellants shall pay maintenance at a rate of Rs.2,000/- per month to the respondent.

The order is without jurisdiction and therefore wholly unjustified and unsustainable. The respondent never challenged the order of the learned Magistrate declining monetary relief under section 20 of the Act".

Read the Order here: