Appeal to high court against distrct court order-dv act case
AMSARAJ.J
(Querist) 15 August 2014
This query is : Resolved
Dear Sirs,
I got stay in district Court,on DV act case interium order for Rs.9000/-pm, one year before. But now,the case was dismissed and the order was passed to pay Rs.4000/-pm ,without considering my answer that, already one order was passed on 5.4.2005,by Magistrate Court for Maintanance Amount of Rs.2000/-pm under 125 crpc act . (Aginst this order I paid maintanance amount of Rs.2000/-pm up to Oct'2007)
Shall I go for appeal to High court,for quashing this case against the DV act case order as above.
pls help me by sugession in this regard.
ROHIT SHARMA
(Expert) 15 August 2014
Dear Amsarajj,
1. It is pertinent to visit s. 26(3) of the Protection of Women From Domestic Violence Act, 2005 where in it is prescribed that in case any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act , she shall be BOUND to inform the Magistrate of the grant of such relief.
2. This clause thus will a point of legal question when you file an appeal against such instant order of the matter within thirty days after the order has been passed and served on the aggrieved person or the respondent, before the Court of Sessions u/s 29 of the Act, 2005.
3. You see, as i can say is that the compensation ordered by the Magistrate u/s 22 of the Act, 2005 is not towards the maintenance of the wife but is for compensation for the damages for the injuries including mental emotional distress caused by the act of domestic violence. This is not an interlocutory order and though deemed as interim relief it is not permanent in nature. Therefore, a provision for an appeal is provided against such orders u/s 29 of the Act, 2005.
4. In your case since the complaint has been dismissed then such order for compensation made by the Magistrate stands to be deficient procedurally. On this point too a writ petition under Article 227 of the C.O.I. can be filed.
5. The stage of H.C. will arise when such appeal is rejected.
6. If need be contact this lawyer. Click the green button near the expert's name shown in the L.H. S of the margin of this reply format.
