2022 Supreme(Mad) 650

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. DURAISWAMY, SUNDER MOHAN, JJ.
P. Ganesan & Others – Appellants
Versus
Revathy Prema Rubarani & Others – Respondents
C.R.P.PD (MD) Nos. 909, 896 & 915 of 2021 & Tr.C.M.P.(MD).No. 121 of 2021 & Tr.C.M.P.Nos. 478 & 632 of 2021, C.M.P.(MD)Nos. 5177, 5178, 5026, 5027, 5114, 5116, 2402 of 2021 & C.M.P.Nos. 12676 & 15892 of 2021
Decided on : 12-07-2022

Proceedings under the Protection of Women from Domestic Violence Act, 2005 are predominantly of civil nature and it is only when there is a breach of the protection order as is contemplated under section 31 and failure or refusal to discharge duty without any sufficient cause by the protection officer as contemplated under section 33, the proceedings assume the character of criminality.

Headnote:

Proceedings under the Protection of Women from Domestic Violence Act, 2005 are predominantly of civil nature and it is only when there is a breach of the protection order as is contemplated under section 31 and failure or refusal to discharge duty without any sufficient cause by the protection officer as contemplated under section 33, the proceedings assume the character of criminality.

Fact of the Case:

None

Finding of the Court:

1. Proceedings under the Protection of Women from Domestic Violence Act, 2005 are predominantly of civil nature and it is only when there is a breach of the protection order as is contemplated under section 31 and failure or refusal to discharge duty without any sufficient cause by the protection officer as contemplated under section 33, the proceedings assume the character of criminality. 2. Section 468 of Cr.P.C is not applicable for proceedings under Chapter IV of the Domestic Violence Act. 3. In the absence of law prescribing limitation for filing an Application under Section 12 of the Domestic Violence Act, we cannot, by a judicial exercise, fix the period of limitation in view of the unique nature of the Act. 4. Proceedings under Domestic Violence Act cannot be transferred from a Magistrate to a Civil or Family Court at the instance of the Respondent defined under 2 (q) of the Domestic Violence Act. However, the proceedings can be transferred at the instance of the applicants/ victim or with her consent.

Issues: 1. Whether the proceedings initiated under the provisions of the Protection of Women from Domestic Violence Act before the Magistrate Courts are Civil proceedings or Criminal proceedings? 2. Assuming that the proceedings are civil in nature, whether the High Court can exercise its power under Section 482 of Cr.P.C, in respect of the said proceedings? 3. Whether the provisions of Section 468 of Cr.P.C, are applicable for the proceedings initiated under the Domestic Violence Act? 4. Assuming that Section 468 Cr.P.C, is not applicable, what is the period of limitation for initiating the proceedings under the Domestic Violence Act? 5. Whether the proceedings initiated under the Domestic Violence Act and pending before the Magistrate Court can be transferred to the Civil Court or Family Court, by invoking Article 227 of Constitution of India.

Ratio Decidendi: 1. The nature of the proceedings under the Domestic Violence Act is determined by the nature of the rights violated and the appropriate relief which may be claimed. A civil proceeding is one in which a person seeks to enforce by appropriate relief the alleged infringement of his civil rights against another person or the State, and which if the claim is proved would result in the declaration express or implied of the right claimed and relief such as payment of debt, damages, compensation, delivery of specific property, enforcement of personal rights, determination of status etc. 2. The Domestic Violence Act provides for a host of Civil rights and all the Civil rights are to be dealt with by applying the provisions of Criminal Procedure. The reason being obvious that the Parliament wanted to enforce these Civil rights in a more effective and forceful manner. The fear of Criminal Procedure and that of the Magistrate may be an effective tool to enforce the provisions of Domestic Violence Act. 3. The intention of the Legislature clearly appears to provide for a host of Civil rights and all the Civil rights are to be dealt with by applying the provisions of Criminal Procedure. The reason being obvious that the Parliament wanted to provide for an effective and quick remedy in terms of adjudication and in terms of enforcement of the orders.

Final Decision: None