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SANJAY DHAR
Shameema Begum (Mst) – Appellant
Versus
Javid Iqbal Khan – Respondent
Key Points: - The Magistrate has jurisdiction to grant interim residence orders under Section 23 of the DV Act based on prima facie evidence of domestic violence, without awaiting the trial’s conclusion. (!) - Interim residence orders can be granted by a Magistrate while considering an application under Section 12, based on prima facie evidence of violence, and need not await full trial, to provide urgent relief. (!) (!) - Section 19 enumerates the conditions for residence orders and supports interim relief; a final residence order can be passed at the final disposal of the petition, but interim orders may be granted if prima facie conditions are satisfied. (!) (!) - The impugned appellate order, which claimed residence relief could be granted only after trial, is contrary to the provisions of the DV Act and the object of providing immediate relief. (!) - The petition is allowed; the impugned order setting aside interim relief is set aside. (!)
JUDGEMENT
1. The petitioner has challenged order dated 14.12.2022 passed by learned Principal Sessions Judge, Kupwara, whereby the appeal filed by the respondent against order dated 07.12.2021 passed by learned Judicial Magistrate 1st Class (Munsiff), in a complaint filed by the petitioner under section 12 of the Protection of Women from Domestic Violence Act (hereinafter referred to as "the DV Act"), has been allowed and the order of the trial Magistrate has been set aside.
2. Notice of the petition was served upon the respondent but despite service, he did not choose to appear and contest the case.
3. I have heard learned counsel for the petitioner and perused record of the case.
4. It appears that the petitioner, who happens to be the wife of the respondent, filed a petition under section 12 of the DV Act against her husband (respondent herein) before the Court of Judicial Magistrate 1st Class (Munsiff), Kupwara (hereinafter referred to as "the trial Magistrate"). Along with the said petition, the petitioner also filed an application for grant of interim relief in terms of Section 23 of the DV Act. In the petition filed before the trial Magistrate, the petitioner alleged that she is
A Magistrate can grant interim residence orders under the DV Act based on prima facie evidence of domestic violence, without concluding the trial.
A Magistrate can grant interim residence orders under Section 23 of the DV Act without concluding a trial, ensuring immediate relief for aggrieved persons.
Point of law: Provision of the Section 29 of the Act, appeal lies against any order passed by the trial court but without preferring the appeal, the petitioner has sought for quashing of the order af....
An appeal against an interim order under the DV Act is maintainable, and the appellate court has the power to pass interim orders.
Criminal revision not maintainable against interlocutory interim maintenance order under DV Act per BNSS Section 438(2).
An interim order preventing a woman from being dispossessed from a shared household qualifies as a protection order under the Domestic Violence Act, enforceable under Section 31.
DV Act – Domestic voilence - It is preponderance of probabilities while in criminal cases it is proof beyond reasonable doubt.
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