Criminal revision not maintainable against interlocutory interim maintenance order under DV Act per BNSS Section 438(2).

J U D G M E N T

(Dated this the 31st day of March, 2026)

The respondents in M.C No. 18 of 2021 on the file of Judicial First Class Magistrate Court, Mattancherry, filed this Crl.Rev.Pet underSection 438and 442 ofBNSSagainst the judgment of the learned Sessions Judge in Crl.A.No. 454/2023 dated 17.12.2025, by which the learned Sessions Judge modified the order passed by the learned Magistrate in Crl.MP No. 510/2021.

2. The above M.C case was filed by the respondents under Section 12 of the Protection of Women from Domestic Violence Act (in short ‘the DV Act’). Along with the M.C she preferred an application under Section 23 of the DV Act seeking interim relief. The learned Magistrate directed the petitioner to pay interim maintenance at the rate of Rs. 50,000/- per month. It was reduced to Rs. 30,000/- in appeal.

3. Against the above appellate order, she preferred this Crl.Rev.Pet. As per Sub Section 2 of Section 438 of BNSS , the powers of revision conferred by Sub Section 1 shall not be exercised in relation to any interlocutory order passed in any appeal, enquiry, trial or other proceedings. In this case, the petitioner is challenging the interim order passed by the learned Magistrate under Section 23 of the DV Act which is modified by the Sessions Judge in appeal. Therefore, this Crl.Rev.Pet is not maintainable and accordingly, it is dismissed.

At this stage, the learned counsel for the petitioner sought for a direction to the learned Magistrate to dispose of the M.C case in a time bound manner. Considering the fact that this is an M.C of the year 2021, there will be a direction to the learned Magistrate to dispose of the M.C at the earliest, at any rate within a period of 6 months from the date of receipt of a copy of this judgment.