Previous proceedings under domestic violence legislation do not bar fresh proceedings under the Muslim Women (Protection of Rights on Divorce) Act.

ORDER

The respondent in M.C No.31/2024 on the files of the Judicial First Class Magistrate Court-II, Aluva has filed this petition under Section 528 Bharatiya Nagarik Suraksha Sanhita , 2023 challenging the maintainability of the aforesaid M.C instituted against him under the provisions of Section 3 of the Muslim Women (Protection of Rights on Divorce) Act , 1986.

2. According to the petitioner, the aforesaid proceedings are not maintainable since the aggrieved person had earlier instituted M.C No.29/2020 under the provisions of the Protection of Women from Domestic Violence Act , 2005 seeking the reliefs of maintenance, residence, return of gold ornaments etc.

3. The challenge raised by the petitioner against the maintainability of M.C No.31/2024 was found against by the learned Magistrate as per order dated 27.06.2025 in C.M.P No.2117/2024.

4. After it was made clear by this Court at the time of arguments that there is absolutely no bar in instituting proceedings under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act since the reliefs sought for under the provisions of Protection of Women from Domestic Violence Act , 2005 Act, are totally distinct from the reliefs sought for under the , and the matter was taken up for orders, the petitioner filed a memo seeking permission to withdraw the Crl.M.C with liberty to file fresh Crl.M.C or appeal.

5. The request of the petitioner to withdraw the Crl.M.C can be allowed, but the prayer to have it with liberty to file fresh Crl.M.C or appeal cannot be allowed for the reason stated in the aforesaid paragraph, upholding the maintainability of the proceedings under the provisions of the Muslim Women (Protection of Rights on Divorce) Act , against him.

In the result, the Crl.M.C is dismissed as withdrawn.