JUDGMENT :

What is the nature of proceedings under the Protection of Women from Domestic Violence Act, 2005 – civil or criminal?

Does the Court/Magistrate dealing with the complaint filed under the provisions of the Protection of Women from Domestic Violence Act, 2005 have the power to strike off the defence for non-compliance with the order to pay pendente lite maintenance?

These are the important questions that arise for consideration in the above original petition.

2. The petitioner in OP (Crl) No. 226/2022 is the wife of the respondent therein. She filed MC No.34/2018 at the Judicial First-Class Magistrate Court, Njarakkal (for short ‘trial court’) u/s 12 of the Protection of Women from Domestic Violence Act, 2005 (for short, the DV Act) seeking various reliefs including maintenance. She has also moved an application for interim maintenance u/s 23(2) as CMP No.1087/2018. It was allowed ex parte and interim maintenance of Rs.15,000/-was awarded to the petitioner. The said order was challenged by the respondent at the Sessions Court-II, North Paravur (for short ‘appellate court’) in Crl.Appeal No.97/2019. The respondent sought a stay of the interim order passed by the trial court. Th