O R D E R

1. The instant special leave petition is arising out of an order dated 08.07.2022 passed in Crl. O.P. No. 9207/2022 and Crl. M.P. No. 5359/2022 by the High Court of Judicature at Signature Not Verified Digitally signed by Gulshan Kumar Arora Date: 2025.04.09 Reason:

Madras. By which order taking cognizance passed under Section 31 of the Domestic Violence Act, 2005 (in short ‘DV Act’) by Additional Mahila Court Egmore, Chennai was set aside.

2. Perusal of the order impugned indicates that quashment of the proceedings in CC No. 27/2021 was sought before the High Court. The order impugned does not refer date of the order of Additional Mahila Court, Egmore, Chennai. Simultaneously, para 3 of the order indicates “as such, there is no protection order passed as envisaged under Section 18 of the Act which has also been admitted by both the sides.” It appears that because of the not disputing the fact, order taking cognizance under Section 31 of the DV Act was not found justified by High Court.

3. During hearing, we have perused the order dated 12.05.2016 of the Metropolitan Magistrate Court, Egmore, Chennai (in short ‘DV Court’), by which maintenance of Rs. 60,000/- per month was directed to be paid. The said order was assailed before the Sessions Court. Vide order dated 20.04.2018, the order of DV Court was modified in terms of para 36, which is reproduced as thus:

“a) This Criminal appeal is partly allowed.

b) The fixation of interim maintenance of Rs. 60,000/- per month, the order passed by the V Metropolitan Magistrate in CC 5216 of 2013 dated 12.05.2016, which is modified to Rs. 30,000/- per month. The maintenance of Rs. 30,000/- per month is to be paid on or before 5^th of every succeeding English Calendar month by way of cash or demand draft or deposit the amount in the respondent’s Bank Account.

c) As per the order of the Hon’ble High Court the first appellant paid a sum of Rs. 10,00,000/- (Rupees ten lakhs only) to the respondent/wife as an interim bulk compensation. This amount of Rs. 10,00,000/- is quantified by the Hon’ble High Court, by taking into the account of the arrears of maintenance which is due from August 2013, the date on which the original complaint under Domestic Violence Act was filed. The said amount of Rs. 10,00,000/- was already paid and so there is no order passed with regard to the maintenance amount to be from the date of original complaint filed under DV Act.

d) The appellant is directed to pay the arrears of interim maintenance amount as per the order of the Hon’ble Court to the respondent, within a period of two months from the date of receipt of a copy of this Order.

e) The compensation amount awarded by the trial court as Rs. 21,25,000/- is modified to Rs. 5,00,000/-. The said compensation amount is order to be paid within a period of two moths from the date of receipt of a copy of this order.

f) The household articles, dresses and jewels are ordered to be returned to the respondent/complainant.”

4. Learned counsel for the petitioner contends that non- payment of alimony as directed under Section 20 of the DV Act would be an order within the purview of Section 18 of the DV Act, therefore, proceedings under Section 31 is maintainable. The Additional Mahila Court, Egmore has rightly passed an order taking cognizance, however the High Court was not justified to set aside the same.

5. In the facts, first of all the petitioner is required to explain her admission as referred above. She is further required to file the relevant case files of CC No. 27/2021 of the case of, Additional Mahila Court, Egmore and indicate the date of order of taking cognizance for clarity.

6. At this stage, learned counsel in alternative submitted that there is no provision under the DV Act whereby the order passed under Section 20 of the DV Act can be executed except to take recourse under Section 31 of the DV Act. It is said that there is no judgment on the said issue, therefore, the present special leave petition may be decid