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2023 Supreme(Online)(KER) 31478
HIGH COURT OF KERALA
K. Babu, J
SAMITHA – Appellant
Versus
MUJEEB – Respondent
OP(Crl.) 198 2023
MINI.V.A.
Courts must ensure effective enforcement of maintenance orders under the Protection of Women from Domestic Violence Act, and can readdress the matter if necessary.
Headnote:
Domestic Violence - Maintenance - Protection of Women from Domestic Violence Act - Section 12 - The court reviewed the enforcement of interim maintenance orders and emphasized the need for prompt execution of such orders under the act.
Fact of the Case:
The petitioner filed for maintenance under Section 12 of the Protection of Women from Domestic Violence Act, 2005, alleging that the lower court was not adequately executing its interim order for maintenance payments.
Finding of the Court:
The court acknowledged that the lower court had ordered distress warrants to recover maintenance but noted ongoing delays. It concluded that the lower court was making efforts to address the issue.
Issues: Whether the lower court had taken effective steps to enforce the interim maintenance order as per the Protection of Women from Domestic Violence Act.
Ratio Decidendi: The court held that as long as the lower court was making earnest efforts to enforce the order and had issued distress warrants, the original petition could be dismissed but left open for future intervention if necessary.
Final Decision: The Original Petition is closed with liberty to the petitioner to re-approach the court if further action is required.
O R D E R
The reliefs prayed for in the Original Petition are as follows:-
(i). direct the Judicial First Class Magistrate Court-I, Thodupuzha to take effective and coercive steps to recover the entire maintenance arrears due as per Exhibit-P3 from the 1st respondent.
(ii) Issue such other reliefs as deem fit and proper by this Hon’ble Court in the facts and circumstances of the case.
(iii) Petitioner also prays that this Hon’ble Court may be pleased to dispsense with the translation of the documents produced in the Vernacular Language.
2. The petitioner is the applicant in M.C.No.25 of
2018, a petition filed under Section 12 of the Protection of Women from the Domestice Violence Act, 2005. In the proceedings, the Court below passed an interim order directing the party respondents to pay maintenance at the rate of Rs.10,000/- per month till the disposal of the application. The greivance of the petitioner is that the Court below is not effectively taking steps to execute the interim order.
3. This Court obtained a report from the Court below on the steps taken by the Court in CMP No.1755 of 2022 to ensure the recovery of maintenance. The relevant portion of the report reads thus:-
“In this regard it is further submitted that Distress warrant is ordered in CMP 6547/2019 and in CMP 48/2021 on 23/1/2021 by my predecessor in office and now it is pending. Again this Court directed to issue distress warrant on 04.03.2023 and the case is now stands posted to 20.05.2023. The MC is now pending for the return of distress warrants and also for the evidence of the petitioner. In this regard it is further submitted that this Court will take earnest efforts to dispose of the case at the earliest. “
4. Having regard to the fact that the Court below is taking effective steps to realise the amount due to the petitioner by ordering distress warrant, the Original Petition is closed with liberty to the petitioner to move the matter again, if required.
Sd/-
K.BABU, JUDGE kkj APPENDIX OF OP(CRL.) 198/2023 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE M.C.NO.25/2018 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-NO.1, THODUPUZHA DATED 21.11.2018.
Exhibit P2 THE TRUE COPY OF THE ORDER DATED
21-11-2018 IN C.M.P.NO.6355/2018 IN M.C.NO.25/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-NO.1, THODUPUZHA Exhibit P3 THE TRUE COPY OF THE C.M.P.NO.1755/2022 PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-
I, THODUPUZHA DATED 30.04.2022.
Exhibit P4 THE TRUE COPY OF THE ORDER DATED
13-2-2019 IN C.M.P.NO.6355/2018 IN M.C.NO.25/2018 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, THODUPUZHA.
