Supreme Court · 2024 INSC 732 · Decided 10 September 2024
S. Vijikumari v. Mowneshwarachari C
- Court
- Supreme Court of India
- Citation
- 2024 INSC 732 · [2024] 10 S.C.R. 45
- Case number
- CRIMINAL APPEAL No. 3989/2024
- Decided
- 10 September 2024
- Bench
- B.V. NAGARATHNA, N KOTISWAR SINGH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- BNSS; CrPC; Constitution; Domestic Violence Act Section 12
Headnote
Respondent sought refund of the entire maintenance amount which was paid to the appellant (wife of respondent). Protection of Woman from Domestic Violence Act, 2005 - s.25 - Respondent filed an application u/s. 25 of the Act and sought setting by which his appellant-wife was granted Rs.12,000/- per month as maintenance and Rs.1,00,000/- towards compensation - Respondent also sought return of the maintenance amount paid on the ground of fraud: Held: The Magistrate while exercising his discretion under Section 25(2) of the Act
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