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A. BADHARUDEEN
Farsana P. S. – Appellant
Versus
Razveen Raffique – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (wrongly quoted as Section 482 of the Code of Criminal Procedure, 1973), by the petitioners, challenging Annexure A6 order, whereby, the learned Sessions Judge stayed enforcement of order, dated 18.4.2024 in C.M.P.No.1341/2023 in M.C.No.18/2023 on the files of the Judicial First Class Magistrate Court-II, Kochi, granting maintenance at the rate of Rs.40,000/- per month to the petitioners herein.
2. Heard the learned counsel for the petitioners, the learned counsel appearing for the 1st respondent and the learned Public Prosecutor.
3. At the time of admission hearing itself, the learned counsel for the petitioners, who are the petitioners in the M.C. and in the C.M.P., raised a question, after referring the decision of the Apex Court in Shalu Ojha v. Prashant Ojha reported in [(2015) 2 SCC 99] with reference to paragraph Nos.25, 26, 29 and 30 contending that, even though an interim order passed under the Protection of Women from Domestic Violence Act, 2005 (for short, 'the DV Act' hereinafter) is appealable under Section 29 of the DV Act, th
The appellate court has implied powers to grant interim orders under the DV Act to ensure justice during the appeal process.
An appeal against an interim order under the DV Act is maintainable, and the appellate court has the power to pass interim orders.
Entitlement to maintenance under the Domestic Violence Act is not contingent on property rental arrangements; such conditions violate the statutory framework.
Granting interim maintenance to daughter of appellant-wife and rejection of all other applications – dismissal of husband’s petition for restitution of conjugal rights whereby wife’s rights do not ne....
An order under Section 25(2) of the DV Act modifying interim maintenance is not directly appealable under Section 29, impacting the Petitioner's rights.
Dual maintenance claims are permissible under different statutes, but the applicant must disclose previous orders and justify the need based on changing circumstances for additional relief.
The court established that reliefs under the DV Act are civil, and appeals against such orders cannot be treated as criminal proceedings.
The court upheld the broader definition of 'domestic relationship' in the Protection of Women from Domestic Violence Act, allowing maintenance claims from individuals in non-legally recognized marria....
Interim monetary relief under the Protection of Women from Domestic Violence Act continues post-divorce until the application is resolved, ensuring ongoing support for aggrieved parties and maintaini....
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