The Karnataka High Court altered a previous ruling made by the Trial Court, which required a woman to receive a monthly maintenance payment of Rs.6,000 and to be given a room in her estranged husband’s shared residence. Justice V Srishananda, a single judge, approved the estranged husband’s memo, which promised to provide the woman with a maintenance payment of Rs.6,000 per month and an additional Rs.5,000 for alternative accommodation.
The court revised the initial order by invoking Section 19(1)(f) of the 2005 Protection of Women from Domestic Violence Act, which authorizes the court to award monetary compensation in place of a shared residence, taking into consideration the parties’ relationship. In this case, the court noted that the husband (Revision Petitioner No.1) was already living with his first wife, making it impractical to accommodate the respondent in a separate room in the shared house, which could lead to additional legal disputes. As a result, the court decided to award the respondent a monthly maintenance payment of Rs.6,000 and an additional Rs.5,000 for alternative accommodation instead of providing her with a separate room in the shared residence.
Therefore, the court ruled that instead of providing a separate room in the shared residence, a payment of Rs.5,000/- should be made by exercising its authority under Section 19(1)(f) of the DV Act. The court also stated that if the respondent received the sum of Rs.5,000, she could seek an appropriate alternative accommodation that would meet the requirements of justice beyond the shared room ordered by the Trial Court. Consequently, the revision petition was granted by the court.
Source: https://www.livelaw.in/news-updates/karnataka-high-court-domestic-violence-act-section-monetary-expenses-in-lieu-of-shared-house-estranged-husband-223262