The Karnataka High Court recently ruled that a husband can pay money instead of offering a room in the shared house to his estranged wife, based on Section 19(1)(f) of the Protection of Women from Domestic Violence Act, 2005.
The case began with a Trial Court order in 2016, which asked the husband to pay ₹6,000 per month as maintenance and also provide a room in the shared household for his wife.
However, the husband later filed a memo, agreeing to continue paying ₹6,000 as maintenance and an additional ₹5,000 per month so that his wife could find alternate accommodation.
Justice V Srishananda, who heard the case, accepted this request and modified the original order. The judge referred to Section 19(1)(f) of the Domestic Violence Act, which allows the court to grant money instead of accommodation in a shared house, depending on the situation between the parties.
The judge noted that the husband lives with his first wife, and asking the estranged wife to stay in the same house could cause more problems and possibly lead to further civil or criminal disputes.
The Court ruled that paying ₹5,000 would be more practical and would allow the wife to rent better accommodation than what might have been provided in the shared house.
Therefore, the Trial Court’s order was changed, and the husband was directed to pay a total of ₹11,000 per month—₹6,000 as maintenance and ₹5,000 for housing.
Case Reference: Criminal Revision Petition No. 200071 of 2016
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