Case: – Naimullah Sheikh and Another vs. State of U.P. and 3 Others; Matters Under Article 227 no. – 3046 of 2023
The recent judgment in the matter of sheds light on the intricate provisions of the Protection of Women from Domestic Violence Act, 2005 (DV Act). The case, revolves around a petition filed by parents challenging an order related to maintenance under the DV Act
The petitioners, parents of three daughters, contested an order issued by the Judicial Magistrate, F.T.C., Court No. 2, Deoria, concerning a case filed under the Protection of Women from Domestic Violence Act, 2005. The daughters sought maintenance, alleging mistreatment and hindrance in their education by their father and stepmother.
The Hon’ble Court emphasized the broader scope of the DV Act, enacted to provide “more effective protection to women” facing violence within the family. The Act covers various reliefs, including the right to reside in a shared household, protection orders, residence orders, and monetary reliefs. Section 20 of the DV Act outlines the provisions for monetary relief, including maintenance. The court delved into the specific wording of Section 20(1)(d), highlighting that maintenance can be claimed not only by the aggrieved person but also by her children, irrespective of their age.
The judgment emphasizes that the DV Act provides a procedural avenue for obtaining maintenance quickly, even if substantive rights already exist under other laws. The court asserted that the Act aims to streamline procedures and avoid multiplicity of proceedings.
The Court referred to key definitions in the DV Act, such as “aggrieved person,” “domestic relationship,” and “shared household,” to elucidate the rights of women subjected to domestic violence. It underscored that an aggrieved daughter, whether Hindu or Muslim, has independent rights under the DV Act.
The judgment cited various judicial precedents, including Supreme Court decisions, to support the contention that an unmarried daughter, whether minor or major, possesses the right to claim maintenance under the DV Act.
In conclusion, the judgment reaffirms the inclusive nature of the Protection of Women from Domestic Violence Act, 2005. It highlights the Act’s role in providing an expeditious avenue for obtaining monetary relief, including maintenance, for aggrieved women and their children.

Author of this article:
Adv. Ravish Bhatt,
Partner, R&D Law Chambers,
Dual Qualified Lawyer Solicitor | International Tax Affiliate

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