While Ordering Maintenance Under Domestic Violence Act, Magistrate Must Specify Whether It Is Being Provided Under CrPC Or HAMA: Kerala High Court

The Kerala High Court ruled that Magistrates, when ordering maintenance for a daughter under Section 20(1)(d) of the Domestic Violence Act, must specify whether the maintenance order is under Section 125 of the CrPC or Section 20(3) of the Hindu Adoptions and Maintenance Act, 1956. \r

Justice P G Ajithkumar emphasized this requirement, noting that clarity is crucial in such orders. The case involved a daughter seeking maintenance from her father under the DV Act, which was subsequently challenged in court after she attained majority and later married. \r

The High Court clarified that maintenance orders differ in duration and conditions depending on the statutory provision applied, directing Magistrates to adhere strictly to specifying the applicable law in their orders.