Bombay High Court
Malindra Nagorao Masale vs Kisnabai Nagorao Masale on 12 June, 2025
2025:BHC-NAG:6409
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
CRIMINAL WRIT PETITION NO. 871 OF 2023
PETITIONER Malindra Nagorao Masale,
Age 45 years, Oecu: Service
R/o Kumbharkhani WCL Area
Ghonsa Boarda Wani, Tah. Wani,
Dist. Yavatmal
-VERSUS-
RESPONDENT Sau. Kisnabai Nagorao Masale
Aged 70 years, Oecu- Cultivation
R/o c/o Mohan Nagorao Masale Katariya
Layout, Behind Reliance Petrol Pump,
Warora, Tah. Warora, Dist. Chandrapur
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Mr. A.A. Dhawas, counsel for petitioner.
Ms Shaziya Patha, counsel h/f Mr. S.V. Sirpurkar, counsel for
respondent.
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CORAM : URMILA JOSHI-PHALKE, J.
DATE : 12/06/2025
ORAL JUDGMENT :
1. Heard.
2. Rule. Rule returnable forthwith with consent of
learned counsels appearing for the parties.
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3. By this petition, the petitioner has challenged the
order passed by Judicial Magistrate First Class, Warora, granting
maintenance in Domestic Violence Act proceedings No. 16/2017,
granting maintenance @ Rs.7,000/-, which was subsequently
reduced to Rs. 5,000/- by the Additional Sessions Judge, Warora,
District Chandrapur, in Criminal Appeal No. 17/2022.
4. The petitioner is the son of the respondent, who is the
original respondent in Domestic Violence proceeding No. 16/2017,
which was filed before the 2nd Joint Judicial Magistrate First Class,
Warora, under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 (hereinafter referred to as "the D.V.
Act" in short).
The application was filed by the mother, i.e., the
respondent, for grant of monetary relief under Section 12 of the
DV Act, on an allegation that the present petitioner, who is her
son, subjected her for domestic violence and ill-treated her by not
allowing her to cook the food for herself and driving her out of the
house. She has also filed a complaint at Warora Police Station on
03/04/2017. On the basis of which the offence under Sections 504
and 506 of the Indian Penal Code, 1860 was registered. The
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respondent, who is the old-aged lady, has no source of income. She
has also utilized her golden ornaments to seek the job for the
present petitioner. She is unable to maintain herself. She was
staying at the mercy of the present petitioner, but present
petitioner has not treated her well and has driven her out of the
house, and therefore, she is constrained to file the application for
grant of monetary relief.
5. The said petition is strongly opposed by the
respondent on the ground that with the false and baseless
allegations, this petition is filed. She has a source of income. She
has other sons also, who can maintain her. There is no sufficient
means available with him to maintain the present respondent. He
is drawing a salary of only Rs. 15,000/-, and he has to maintain
his family, and therefore, the order passed by the Judicial
Magistrate First Class, Warora, which is reduced by the Additional
Sessions Judge, Warora, in Criminal Appeal No. 17/2022, is
excessive and exorbitant. The learned Magistrate after
appreciating the evidence granted the maintenance @ Rs. 7000/-,
from the date of application, i.e., from 14/08/2017, as well as the
compensation of Rs. 15,000/-.
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6. Being aggrieved and dissatisfied with the same, the
present petitioner preferred an appeal, which was partly allowed,
and he was directed to pay the maintenance @ Rs. 5,000/- from
the date of application.
7. Being aggrieved and dissatisfied with the same, the
present writ petition is filed by the petitioner on the ground that
both the courts below have not considered the present respondent
has sufficient means to maintain herself. Besides the present
petitioner, she has two other sons who can maintain her. She also
having the income from her agricultural land. Thus, considering all
these aspects, the order passed by both the Courts below deserves
to be quashed and set aside.
8. Heard learned counsel for the petitioner through
video conferencing and learned counsel for respondent. Perused
the impugned judgment as well as the record. There is no dispute
as far as the relationship is concerned. As per the contention of the
present petitioner, the respondent is drawing income from the
agricultural land, whereas as per the contention of the respondent,
she was holding land, which was sold to secure the job of the
present petitioner, as well as her golden ornaments, which were
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also sold to seek the job for the present petitioner. As far as the
domestic violence is concerned, the evidence of respondent shows
that she was ill-treated, harassed and subjected for domestic
violence in various manners and therefore, she lodged the
complaint at Warora Police Station under Sections 504 and 506 of
the Indian Penal Code, 1860.
9. Moreover, her evidence as well as the documents on
record, which also substantiate the fact that she has lodged the
complaint against the present petitioner. Thus, the oral evidence of
the present petitioner as well as the documentary evidence that
she filed the report against the present petitioner sufficiently
shows that she was subjected for domestic violence by the present
petitioner.
10. In view of Section 12 of the D.V. Act, she is entitled
for monitory relief if she establishes that she was subjected for
domestic violence at the hands of the present petitioner. As already
observed, her oral evidence, as well as the NC Report, which was
lodged against the present petitioner, sufficiently establishes that
she was constrained to leave her house, as she was treated with
violence at the hands of the present petitioner.
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11. Furthermore, coming to another aspect, whether she
is entitled for compensation as well as maintenance, there is no
dispute that the present petitioner is working in the Western Coal
Field (WCL) and drawing a handsome salary of Rs. 70,000/-. The
present petitioner has also admitted the said fact in his reply filed
before the trial Court. As per the evidence of the respondent, her
golden ornaments as well as some of the agricultural land were
sold to secure the job of the present petitioner. Thus, the evidence
on record sufficiently shows that the petitioner is having sufficient
means to grant maintenance. The learned trial Court as well as the
learned Sessions Judge has rightly considered these aspects and
considered that she was subjected for domestic violence and
constrained to leave the matrimonial house, and therefore, she is
entitled for the maintenance. The allegation levelled by her is
established by the petitioner.
12. Thus, the evidence on record sufficiently shows that
there was physical violence with the present respondent, and
therefore, she left the house and is staying separately. Thus,
considering all these aspects and in view of the settled law that
monetary relief is available to the mother as well as the wife, who
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are the aggrieved persons under Section 20 of the DV Act. When
the aggrieved person establishes that he or she had been subjected
for domestic violence and suffered due to the domestic violence on
the part of the respondent, they are entitled for compensation as
well as monetary relief.
13. Considering the specific allegation levelled against the
present petitioner and considering the documentary evidence,
which establishes that she was subjected for domestic violence, the
order of granting maintenance awarded by the learned Additional
Sessions Judge is a proper and legal one. Therefore, no
interference is called for in the order passed by the Additional
Sessions Judge granting maintenance at the rate of Rs. 5,000/-.
Hence, the writ petition is devoid of merits and liable to be
dismissed. Accordingly, I proceed to pass the following order.
a] The writ petition is dismissed accordingly.
b] Rule is discharged. No cost.
[URMILA JOSHI-PHALKE, J.]
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