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Rakesh Sharma vs. Manju Devi & Ors.

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Protection of Women from Domestic Violence Act, 2005–Sec. 12–Code of Criminal Procedure, 1973–Sec. 125–Direction to pay the huge arrears of maintenance–Justification–Proceedings remained pending for 10-11 years, meanwhile, the petitioner entered in govt. service–He has been burdened with retrospective liability running into several lakhs of rupees–Such an approach defeats the very object sought to be achieved by maintenance law–The purpose of maintenance is to provide immediate support to avoid starvation and destitution–If the claimant has managed to sustain herself survive and purse litigation for all these years then grant of huge retrospective arrears after lapse of a decade cannot be said to advance the object of immediate sustenance–Condition imposed by the Trial Court to pay the arrears of Rs. two lakh and the order passed by the Appellate Court are quashed and set aside–Petitioner is directed to pay Rs. 20,000/- per month from 27.02.2025.