Read Judgement: SMT. RENUKA v. YALAGURESH SHIVANAPPA CHANDRAGIRI

LE Staff

Bengaluru, August 6, 2021: The Karnataka High Court (Dharwad Bench) recently ruled that an order passed under section 12 of the Domestic Violence Act can be enforced in the same manner as laid down under section 125 of the Code of Criminal Procedure, while relegating the petitioner to file a necessary application before the jurisdictional Magistrate as per the provisions of the Domestic Violence Act read with the CrPC. 

A Bench of Justice H.T Narendra Prasad observed that for enforcement of order passed u/s 12 of the Domestic Violence (DV) Act, the parties have to file an application before the jurisdictional Magistrate and the Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines and may sentence such a person. 

The order was passed in relation to a petition seeking enforcement of the order passed by Principal, JMFC, Honnavar, in 2013 under section 12 of the DV Act, directing the respondent to pay monthly allowances as well as expense of the proceedings, which was not complied with by the respondent. 

The High Court found that the Protection of Women from Domestic Violence Act, 2005, was enacted with an object to provide for more effective protection of the rights of women, guaranteed under the Constitution, who are victims of violence of any kind occurring within the family and for matters connected therewith.

As per Rule 6 of the Protection of Women from Domestic Violence Rules, 2006, any application u/s 12 of the DV Act shall be dealt with and the orders enforced in the same manner laid down u/s 125 of CrPC, noted Justice Prasad. 

“As per Section 25 (2) of the Act, if there is any change in the circumstances and if the Learned Magistrate is satisfied on receipt of application from the aggrieved person or the Respondent, requiring alteration, modification or revocation of any order made under this Act, he may for the reasons to be recorded in writing pass appropriate orders as he deems fit,” the Bench observed. 

At the same time, the Court is not prevented from laying down its own procedure for disposal of an application u/s 12 or u/s 23(2) of DV Act, observed the Bench. 

With these observations, the High Court disposed of the plea, while granting liberty to the petitioner to file an application before the jurisdictional magistrate as per the provisions of the DV Act read with the CrPC.

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