Section 20: Monetary reliefs

Domestic Violence Act, 2005 • Official Statutory Text & Practice Guide

Financial Remedy
Maintenance Order
JMFC / Mahila Court
Act 2005

Legal Commentary & Landmark Judgments: Section 20

Section 20 authorizes the Magistrate to grant Monetary Relief to meet expenses incurred and losses suffered by the aggrieved person and any child as a result of domestic violence.

  • Monetary Relief & Maintenance: Sub-section (6) empowers the court to direct the employer or debtor of the respondent to directly deduct maintenance from salary and remit it to the court.
  • Procedural Scope: Sets the parameters for invoking statutory remedies and judicial protections.

Section 20 provides critical economic relief, directing the respondent to pay maintenance, medical expenses, and compensation for financial loss caused by domestic abuse.

Key Landmark Precedents:
  • Rajnesh v. Neha (2020) 10 SCC 703: Laid down comprehensive pan-India directives on overlapping maintenance claims under Section 20 DV Act, Section 125 CrPC / 144 BNSS, and Hindu Marriage Act, requiring adjustment and mandatory disclosure of assets via standardized affidavits.
  • Aditi alias Mithi v. Jitesh Sharma (2023) SCC OnLine SC 1451: Reaffirmed that maintenance awarded under Section 20 must ensure the wife lives with the same socio-economic dignity as she enjoyed in the matrimonial home.
  • Kavita Prasad v. Ram Ashray Prasad (2017) SCC OnLine Del 11520: Held that monetary relief under Section 20 is not limited to bare subsistence but includes reimbursement for actual financial and medical damages caused by domestic violence.
Legal Commentary:

Section 20 combines tortious damage recovery with family maintenance. Unlike Section 125 CrPC which historically focused on preventing destitution, Section 20 DV Act explicitly covers medical bills for physical trauma, counseling costs, salary losses, and compensation for damaged assets, with direct salary attachment mechanisms.