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IN THE HIGH COURT OF ORISSA
J.P. Das., J.
PRANAB KISHORE RATH - APPELLANT
Versus
SUNITA RATH - RESPONDENT
CRLREV No. 446 of 2016
Decided On : 09-09-2016
Domestic Violence - Residence Order - Protection of Women from Domestic Violence Act, 2005 (D.V.Act) - Section 23, Section 19
Fact of the Case:
The case involved a dispute between a husband and wife under the Protection of Women from Domestic Violence Act, 2005. The wife alleged domestic violence and sought an interim residence order, which was granted by the trial court and confirmed by the appellate court. The husband challenged the residence order in the revisional forum.
Finding of the Court:
The court found that the interim residence order granted by the trial court under Section 23 of the D.V.Act was not appropriate as it should have been passed at the time of final disposal of the application under Section 12(1) of the D.V.Act. The court directed the trial court to pass any other interim order, if applied for, after giving both parties an opportunity for fresh hearing and to finally dispose of the matter in compliance with the direction given in Section 12(5) of the D.V.Act.
Issues: The main issue was whether the interim residence order could have been given as an interim measure in the proceeding under the D.V.Act.
Ratio Decidendi: The court held that a residence order can only be passed under Section 19(1) of the D.V.Act at the time of final disposal of the application under Section 12(1) of the D.V.Act. The court emphasized that the D.V.Act provides for interim arrangements to protect victims of domestic violence from imminent danger or irreparable loss until the final settlement of disputes.
Final Decision: The court set aside the interim residence order and directed the trial court to pass any other interim order, if applied for, after giving both parties an opportunity for fresh hearing and to finally dispose of the matter in compliance with the direction given in Section 12(5) of the D.V.Act.
JUDGMENT :
J.P. Das, J. - Assailed herein is the order dated 25.05.2016 passed by the learned Sessions Judge, Cuttack in CRLA No.26 of 2016 confirming the interim order passed by the learned S.D.J.M., Cuttack on 21.01.2016 in D.V. Misc. Case No.309 of 2015 under Section 23 of the Protection of Women from Domestic Violence Act, 2005 ("D.V.Act", in short) directing the present petitioner to provide a specific residence to the present opposite party in a proceeding under the D.V.Act filed by the present opposite party.
2. The proceeding under the D.V.Act was initiated by the present opposite party with the submissions that she married the present petitioner on 26.06.1991 and was blessed with two daughters: one in the year 1993 and the other in the year 2000. She alleged that from the day one of her marriage, she was ill-treated by the present petitioner and was physically and mentally tortured by the petitioner as well as by her in-laws. Narrating different instances of torture and assault, she alleged that on 13th March, 2014 she was driven out of the official quarters at Bhubaneswar by the present petitioner after being assaulted mercilessly and she came back to Cuttack to stay with her parents with her younger daughter. Again she visited her husband, the present petitioner at his official residence to see the well being of the elder daughter who was staying with the petitioner, but the alleged humiliation and torture continued. Ultimately, on 23.09.2015 since she was again assaulted and abused by the present petitioner-husband, she came back to her father's house at Cuttack and is residing there since then with her younger daughter.
3. The petitioner-husband filed objection denying the allegation of torture and assault with the further submission that the opposite party-wife is a quarrelsome female and did not want to stay with her in-laws for which in the year 1996, he has to take a government quarters since he was posted at Bhubaneswar by then to stay separately with his wife, the opposite party, and since last twenty years, the petitioner and opposite party were not staying with the joint family which falsified the allegation that she was tortured and humiliated by her in-laws. The present petitioner-husband denying the allegations submitted certain instances of the arrogancy of the opposite-party wife and contended that the allegations of domestic violence were absolutely false.
4. Subsequent thereto the present opposite party-wife filed a petition under Section 19(1)(f) read with Section 23 of the D.V.Act submitting that the husband was residing in a government quarters at OUAT Colony, Bhubaneswar, but has his own house at C-126, HIG Housing Board Colony Barmunda, Bhubaneswar where she along with her husband and other in-laws lived for a period of six years after their marriage in the year 1991 where after she resided along with her husband in the allotted Government quarters. She submitted that since the said house of her husband at Housing Board Colony at Barmunda is lying vacant and she was driven out of the company of her husband, she prayed for an interim order to reside in the said house, having no other alternate accommodation for herself. She also filed another petition claiming interim maintenance. The opposite party-husband therein filed counters to both the applications. He pleaded that although the house at Barmunda belonged to him, still it is presently occupied by some of his relations as because he along with his wife have been staying in government quarters since last twenty years and his parents are staying separately with his younger brother in Laxmisagar area of Bhubaneswar. He also pleaded that their younger daughter was reading in a school at Bhubaneswar but the petitioner-wife got her transferred to D.A.V. School, Cuttack without his knowledge and only to satisfy her ego she was asking for an order to stay in the specific house at Baramunda. Learned trial court by a common order dated 21.01.2016 allow
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