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HIGH COURT OF MADRAS
G.R.SWAMINATHAN, J
Poochaiya – Appellant
Versus
Selvalakshmi – Respondent
Domestic Violence - Protection of Women from Domestic Violence Act - Sections 9, 37(2) - The court upheld the execution of maintenance orders under the Act, emphasizing the obligation to support dependents and the judicial discretion in ensuring compliance with such orders.
Fact of the Case:
The respondent filed a domestic violence complaint seeking maintenance. The court ordered the petitioner to pay maintenance amounts, which the petitioner failed to do, leading to execution proceedings and the issuance of a non-bailable warrant for non-payment.
Finding of the Court:
The court determined that the petitioner had not paid maintenance for 34 months and addressed the enforcement of maintenance orders under Section 128 of the Criminal Procedure Code, balancing the need for compliance against the petitioner's appeal rights.
Issues: Whether the issuance of a non-bailable warrant for non-payment of maintenance is justified in the context of the domestic violence case and the provisions of the relevant statutes.
Ratio Decidendi: The court concluded that the maintenance obligations under the Protection of Women from Domestic Violence Act are enforceable, and the issuance of a non-bailable warrant was necessary to ensure compliance with the maintenance order.
Final Decision: The civil revision petition was disposed of with conditions on payment and pending appeal.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.08.2024 CORAM THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN C.R.P.(MD)No.1889 of 2024 and C.M.P.(MD)No.10714 of 2024 Poochaiya ...Petitioner/Respondent/Respondent Vs.
Selvalakshmi ... Respondents/Petitioner/ Petitioner Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to call for the order as made in Crl.M.P.No.122 of 2024 in DVC No.11 of 2021 dated 27.05.2024 passed by the Learned Judicial Magistrate No.1, Kovilpatti, Thoothukudi District and subsequently set side the same as illegal and erroneous forthwith.
For Petitioner : Mr.S.Palanivelayutham * * *
O R D E R
Heard the learned counsel for the revision petitioner. Issuance of notice to the respondent is dispensed with.
2.The respondent herein filed D.V.C.No.11 of 2021 on the file of the learned Judicial Magistrate No.1, Kovilpatti under Sections 9 and 37(2) of the Protection of Women from Domestic Violence Act, 2005. D.V.C.No.11 of 2021 was partly allowed on 31.07.2023. The petitioner herein was directed to pay a sum of Rs.3,000/- per month to the complainant and a further sum of Rs.3,000/- per month to the minor child. Compensation amount was also ordered. Aggrieved by the said order, the petitioner is said to have filed C.A.No.124 of 2023 on the file of the I Additional Sessions Court, Thoothukudi. It appears that the petitioner has not obtained any interim order. In the meanwhile, the complainant filed Crl.M.P.No.122 of 2024 on the file of the learned Judicial Magistrate No.1, Kovilpatti for executing the maintenance order. The Court below has taken note of the fact that since the petitioner has not paid any maintenance amount for 34 months, NBW has been issued. Challenging the said order dated 27.05.2024, the present civil revision petition has been filed.
3.Since the order impugned in this civil revision petition was passed under Section 128 of the Criminal Procedure Code, the petitioner may not be in a position to file an appeal. The petitioner undertakes to pay a sum of Rs. 50,000/- directly to the respondent herein. A demand draft favouring the complainant / Selvalakshmi shall be taken and handed over through the Court below on 09.09.2024. The learned I Additional Sessions Judge, Thoothukudi is directed to dispose of C.A.No.124 of 2023 on merits and in accordance with law on or before 14.10.2024. The order impugned in this civil revision petition will abide by the order to be passed in C.A.No.124 of 2023. Subject to the petitioner paying a sum of Rs.50,000/-, the order impugned in this civil revision petition shall be put on hold and not enforced till 14.10.2024.
4.The civil revision petition is disposed of accordingly. No costs.
Consequently, connected miscellaneous petition is closed.
12.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ias Issue order copy on 13.08.2024.
To:
The Judicial Magistrate No.1, Kovilpatti, Thoothukudi District.
Copy to:-
I Additional Sessions Court, Thoothukudi.
G.R.SWAMINATHAN, J.
ias
12.08.2024
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