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IN THE HIGH COURT OF KERALA AT ERNAKULAM
P.G. AJITHKUMAR, J.
Binumon – Appellant
Versus
Nisha – Respondent
Crl. Rev. Pet. No.2387 of 2011
Decided on : 25-06-2024
(A) Code of Criminal Procedure, 1973 - Section 397 and 401 - Protection of Women from Domestic Violence Act, 2005 - Revision petition challenging the order of the Judicial Magistrate directing payment of Rs.2 lakhs to the 1st respondent - The Family Court previously held that the 1st respondent was not entitled to recover Rs.2 lakhs, thus estopping the claim under the PWDV Act - The court ruled that the order of the Family Court is relevant and bars the claim for the same amount under the PWDV Act. (Paras 6, 10, 11)
(B) Evidence Act, 1872 - Sections 41, 42, and 43 - The court considered the relevance of prior judgments in matrimonial jurisdiction and their implications in subsequent proceedings under the PWDV Act, affirming that such judgments are pertinent evidence. (Paras 8, 9)
Facts of the case:
The petitioners challenge the order of the Magistrate allowing the 1st respondent to recover Rs.2 lakhs, which was previously denied by the Family Court. The petitioners argue that the Family Court's decision bars the 1st respondent from claiming the amount again.
Findings of Court:
The Family Court's judgment, which found no reliable evidence for the claim of Rs.2 lakhs, is binding and prevents the 1st respondent from claiming the same amount under the PWDV Act.
Issues: Whether the Family Court's prior ruling bars the 1st respondent from claiming Rs.2 lakhs under the PWDV Act.
Ratio Decidendi: The court held that the Family Court's decision is final and precludes the 1st respondent from claiming the same amount under the PWDV Act, emphasizing the independence of remedies under different statutes.
Result: Revision petition allowed.
ORDER :
This is a revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Code). The order of the Judicial Magistrate of the First Class-I, Kottarakkara allowing the 1st respondent to realise an amount of Rs.2 lakhs from the 1st petitioner in an application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (PWDV Act), which stands confirmed by the appellate court, is under challenge.
2. Heard the learned counsel for the petitioners, the learned counsel for the 1st respondent and the learned Public Prosecutor.
3. C.M.P.No.4213 of 2009 was filed by the 1st respondent claiming return of movables, realisation of money and maintenance. After inquiry, the learned Magistrate allowed the petition as follows:
b) Claim of petitioner for possession of fridge, mixi and the key of the house is disallowed.
c) The claim of the petitioner for Rs.50,000/- as damages by way of physical and mental injury is disallowed.
d) Respondent No.1 is directed to pay Rs.2 lakhs to petitioner within 2 months from today.
The respondent No.1 is directed to pay Rs.2 lakhs by way of maintenance per month to petitioner from the date of order. The respondent No.1 is restrained from threatening and harassing the petitioner.”
4. The appellate court, after considering the matter in detail, has chosen to dismiss the appeal. The effect of the order of the learned Magistrate as confirmed by the appellate court is that the 1st petitioner is liable to pay Rs.2 lakhs to the 1st respondent and also to pay monthly maintenance at the rate of Rs.2,000/- to the 1st respondent. There is also a protection order.
5. The petitioners challenge essentially is to the order to pay Rs.2 lakhs to the 1st respondent. As regards the protection order or direction to pay maintenance, no serious contention has been raised by the petitioners. Therefore, the dispute confines only regarding the order to pay Rs.2 lakhs to the 1st respondent.
6. The petitioners filed Crl.M.P.No.2 of 2020 producing therewith a copy of the order in O.P.No.988 of 2009 of the Family Court, Kottarakkara as Annexure C. The contention of the learned counsel for the petitioners is that the Family Court, after having a full-fledged trial, held that 1st respondent was not entitled to get an order for recovery of Rs.2 lakhs, which was claimed to have been paid at the time of marriage. Accordingly, the Family Court declined to grant a decree in respect of the said amount of Rs.2 lakhs. Pointing out that, the learned counsel would submit that the said order, which became final, estopped the 1st respondent from claiming the said amount. Hence, the said order, which is impugned in this revision, is liable to be set aside.
7. The learned counsel for the 1st respondent, on the other hand, would submit that the order in C.M.P.No.4213 of 2009 was rendered as early as on 29.05.2010 and it being the first order, the petitioners cannot fall upon a subsequent order of the Family Court in order to challenge that order. It is contended that the remedy provided under the PWDV Act is totally independent and therefore the order of the Family Court cannot interdict the order in C.M.P.No.4213 of 2009. Further, it is contended that the orders impugned herein were not produced before the Family Court and when the order was rendered by the Family Court without considering the effect of the impugned orders, the petitioners cannot be heard to contend that the order of the Family Courts creates any kind of bar.
8. The learned counsel for the 1st respondent placed reliance on Mahinkutty and others v. Anshida (2021 (3) KLT 230 = 2021 (3) KHC 97) and Satish Chander Ahuja v. Sneha Ahuja (2020 (6) KLT 208 (SC) = (2021) 1 SCC 414) in order to fortify his contention that the remedy available under the PWDV Act is independent of the provisions in the other statutes and therefore the order of the Family Court is irrele
The Family Court's prior ruling on the non-entitlement to Rs.2 lakhs bars the 1st respondent from claiming the same amount under the Protection of Women from Domestic Violence Act.
The court ruled that a claim for compensation under domestic violence legislation requires meticulous evidence evaluation, and insufficient evidence leads to a miscarriage of justice that necessitate....
The court underscored the necessity for fair judicial process in domestic violence cases, mandating timely payment of due maintenance to ensure justice for the aggrieved party.
The court established that applications for maintenance under the D.V. Act must be properly categorized, and the Magistrate has the authority to modify maintenance orders based on changed circumstanc....
Courts exercise revisional jurisdiction to enhance maintenance and rental relief under the Domestic Violence Act, 2005, based on current economic factors like inflation. Additionally, residence order....
Emotional violence and dowry demands constitute domestic violence, affirming the petitioner as an aggrieved person under the Protection of Women from Domestic Violence Act, 2005.
In maintenance proceedings under the Domestic Violence Act, the welfare of the minor child takes precedence over other considerations.
The court ruled that execution proceedings must await the resolution of pending appeals regarding the maintenance order, emphasizing the importance of finality in legal judgments.
The decisions of civil courts are binding on criminal courts, preventing re-litigation of claims already adjudicated.
The court affirmed that domestic violence encompasses various forms of abuse, and maintenance should be awarded from the date of the application under the DV Act, not the date of the order.
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