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HIGH COURT OF KERALA
Kauser Edappagath, J
LIJO JOSE
– Appellant
Versus
TWINKLE MARIA JOSE – Respondent
Crl.Rev.Pet 379 2022
Domestic Violence - Protection of Women from Domestic Violence Act - Section 12 - The court examined the provisions surrounding domestic violence petitions and the need for fair opportunity in hearings, ultimately ruling on the balance between ensuring maintenance and due process.
Fact of the Case:
The wife filed a petition under the Domestic Violence Act against her husband and his parents. An ex parte order was issued against the husband, which was later challenged. The appellate court set aside the order conditioned on the husband depositing outstanding maintenance amounts.
Finding of the Court:
The court concluded that the husband should be given a chance to contest the case while also addressing the immediate need for the wife’s maintenance and set conditions for the continuation of the proceedings.
Issues: Whether the ex parte order against the husband should be maintained and if the conditions for maintenance set by the appellate court were appropriate.
Ratio Decidendi: The court emphasized the importance of allowing the husband a fair opportunity to contest the proceedings while ensuring that the wife does not suffer due to lack of maintenance.
Final Decision: The criminal revision petition is disposed of, setting aside the ex parte order but imposing a further maintenance deposit requirement.
JUDGMENT
This criminal revision petition has been filed challenging the judgment of the Additional District and Sessions Court, Ernakulam in Crl.Appeal No.395 of 2019.
2. The 1st respondent in this revision petition is the wife of the 1st revision petitioner. The 2nd and 3rd revision petitioners are the parents of the 1st revision petitioner. The 1st respondent filed a petition under Section 12 of the Protection of Women from Domestic Violence Act (DV Act) against the revision petitioners claiming various reliefs. The 1st petitioner remained ex parte. The learned Magistrate passed an ex parte order against the 1st petitioner alone. The said order was challenged in appeal before the appellate court in Crl.Appeal No.395 of 2019. The appellate court set aside the ex parte order on condition that the revision petitioners shall deposit arrears of maintenance amount due to the tune of Rs.5,40,000/- within a period of one month. The said order is under challenge in this revision petition.
3. I have heard Sri. K. Jose Kuriakose, the learned counsel for the petitioners and Sri.Salil Narayanan, the learned counsel appearing for the 1st respondent.
4. As per the order of this Court dated 30.5.2022, the petitioners deposited a sum of Rs.2 lakh at the Magistrate Court. Since the order passed against the first revision petitioner is an ex parte one, I am of the view that an opportunity has to be given to contest the case on merits. However, it is a fact that the 1st respondent, who is the wife of the 1st revision petitioner has not been maintained for a considerable period of time. In these circumstances, I am of the view that there should be an order to deposit a further sum of Rs.1,00,000/- (Rupees one lakh) towards the maintenance.
5. In view of the above, the Criminal Revision Petition is disposed of as follows:
The order in M.C No.9 of 2015 passed by the JFCM, Thripunithura on 15.6.2019 is set aside on condition that the petitioner deposits a further sum of Rs.1,00,000/- (Rupees one lakh) towards maintenance before the Judicial First Class Magistrate Court, Thripunithura within a period of two months from today.' The learned Magistrate shall give an opportunity to adduce evidence to both sides and thereafter shall dispose of the above M.C in accordance with law. Since the M.C is of the year 2015, the court below shall dispose of the same as expeditiously as possible.
If the petitioner fails to deposit Rs.1,00,000/- (Rupees one lakh) as stated above, the order of the Magistrate shall stand revived.
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