Relief for Refusal and Neglect to Maintain Wife cannot be granted under DVA: BHC

The Bombay High Court (BHC), in a review petition, quashed the order of a Sessions Court, which awarded maintenance to the wife in a complaint initiated under the Protection of Women from Domestic Violence Act, 2005 (DVA) despite observing that there was no domestic violence involved in the matter, and treating the matter as if it was an application under Sec. 125 of the Criminal Procedure Code, 1973 (CrPC). The BHC further stated that the refusal and neglect to maintain a wife cannot be tested under the DVA and an application under Sec. 125 of the CrPC must be filed.