The Kerala Revenue Recovery Act cannot be used to enforce monetary reliefs granted under the Protection of Women from Domestic Violence Act.

JUDGMENT :

W.P. (C) No. 37816 of 2017

1. The petitioner is the previous husband of the 1^st respondent and the respondent in M.C No.39/2011 of the Chief Judicial Magistrate Court, Thodupuzha, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005.

2. Petitioner challenges Ext.P3(a) and P3(b) demand notice issued in terms of the provisions of the Kerala Revenue Recovery Act.

3. Heard the learned counsel for the petitioner and learned Public Prosecutor.

4. Though notice was served on the 1^st respondent/wife, there is no appearance before this Court.

5. Learned counsel for the petitioner submits that, Ext.P1 Order was passed by the Chief Judicial Magistrate Court, Thodupuzha, granting relief under Section 22 of the Protection of Women from Domestic Violence Act, 2005, as per which Rs.2,00,000/- has been awarded to compensate the mental harassment and cruelty to the respondent/wife by the petitioner/husband. Besides, a sum of Rs.5,00,000/- was also granted as compensation. The learned counsel would pinpoint that, no amount, whatsoever, was granted towards maintenance in Ext.P1 Order. In purported enforcement of the Ext.P1 Order, Ext.P2 petition, bearing Crl.M.P No.2694/2017, was preferred by the 1^st respondent under Section 128 of the Code of Criminal Procedure, in which petition, an Order has been passed. Pursuant to that, Exts. P3(a) and P3(b) demand notices were issued as per the Kerala Revenue Recovery Act. Learned counsel would highlight that, Section 128 can be pressed into service only for enforcing an Order of maintenance, or for that matter, an Order of interim maintenance and expenses of the proceedings thereof. The same cannot be applied in respect of an Order passed under Section 22 of the Protection of Women from Domestic Violence Act, 2005.

6. Secondly, learned counsel would point out that, the Revenue Recovery Act can be pressed into service only in respect of any arrear of public revenue due on land, as defined under Section 2(a), or any public revenue due on land, as defined under Section 2(j). By virtue of Section 71 of the Kerala Revenue Recovery Act, it is open for the Government to notify that the provisions of the Act will apply for recovery of amounts due to certain institutions or class of institutions, which procedure has not been, admittedly, adopted in the case of maintenance due to a wife, be it under the provisions of the Cr.P.C. or under the provisions of the Protection of Women from Domestic Violence Act, 2005. The provision for enforcement in respect of Orders passed under the Protection of Women from Domestic Violence Act, 2005, is contained in Section 20, sub clause (6), and also under Section 31, of which the latter applies only in respect of protection Orders, and the former, in respect of monetary reliefs. Inviting the attention to Rule 6(5), it is the contention of the learned Counsel that the said rule can only be read and understood as confined to Orders passed under the Protection of Women from Domestic Violence Act, 2005, allowing maintenance; and not in respect of the other reliefs.

7. This application was opposed by the learned Public Prosecutor. It was pointed out that Rule 6(5) can be pressed into service for enforcement of any Order passed under Section 12 of the Protection of Women from Domestic Violence Act, 2005. However, with respect to the power of the learned magistrate, even in a case where Section 128 of the Cr.P.C. is applicable, to invoke the provisions of the Kerala Revenue Recovery Act, no enabling provision could be pointed out by the learned Public Prosecutor.

8. Having heard the learned counsel for the petitioner, as also, the learned Public Prosecutor, this Court can only reject the contention that the procedure contemplated in Section 125 of the Code of Criminal Procedure cannot be pressed into service for enforcement of an Order granting monetary relief. Rule 6(5) is extracted herein;

“The applications under section 12 shall be dealt with and the