Maintenance awarded under the Domestic Violence Act cannot be enhanced under Section 127 CrPC
Bombay High Court Invalidates Maintenance Enhancement under Section 127 CrPC for Domestic Violence Act Awards. Court clarifies procedural missteps in maintenance enhancement, directing interim relief and guiding correct legal avenues.
Nagpur, September 23, 2025 - In a significant ruling, the Bombay High Court, Nagpur Bench, presided over by Justice M. M. Nerlikar, has quashed orders enhancing maintenance awarded under the Protection of Women from Domestic Violence Act, 2005, through Section 127 of the Code of Criminal Procedure, 1973. The decision, pronounced on September 23, 2025, addresses procedural irregularities in maintenance enhancement claims and clarifies legal pathways for individuals seeking modification of maintenance orders under the Domestic Violence Act.
The case involved petitioner Nischal and respondent Sau. Jyoti, whose differences post-marriage led to legal proceedings concerning maintenance. Initially, the respondent-wife was granted maintenance of Rs. 3000 per month under the Domestic Violence Act. Subsequent applications sought enhancements through Section 127 CrPC, a procedure deemed impermissible by the High Court.
Justice Nerlikar emphasized the distinct procedural requirements inherent to maintenance awards under different legal frameworks. Section 127 CrPC allows for modification of maintenance only if initially awarded under Section 125 CrPC. The court clarified that any maintenance granted under the Domestic Violence Act must be modified within the same Act, deeming deviations from this procedure as null and void.
Despite procedural missteps by the lower courts, which enhanced maintenance from Rs. 3000 to Rs. 6000 per month, Justice Nerlikar annulled these decisions. The court underscored established legal principles, referencing Supreme Court judgments like Rajnesh v. Neha, emphasizing the necessity of adhering to prescribed legal processes.
Recognizing the respondent-wife’s lack of awareness regarding legal procedures, the court provided interim relief. Justice Nerlikar directed the petitioner-husband to pay Rs. 5000 per month from the date of filing the writ petition, ensuring immediate support while the respondent explores appropriate legal avenues.
This ruling serves as a crucial reminder for legal practitioners and individuals navigating maintenance laws, highlighting the importance of understanding procedural nuances and the jurisdictional limits of different statutes.
Bottom Line:
Maintenance awarded under the Domestic Violence Act cannot be enhanced under Section 127 of the Code of Criminal Procedure.
Statutory provision(s): Protection of Women from Domestic Violence Act, 2005 Section 12, Code of Criminal Procedure, 1973 Sections 125 and 127.
Nischal v. Sau. Jyoti, (Bombay)(Nagpur Bench)(DB) : Law Finder Doc Id # 2782755
