Can revision be filed in high court form magistrate order

Guest (Querist) 02 January 2017 This query is : Resolved
Dear sir
i would like to know if a revision can be filed direct in high court against mpugned order of a magistrae under Domestic violence sct rejecting right of resdience as interim relief u/s 23 of PWFDVA as delay is casuing distress to the complainat.Although there is provision for appeal to sessions, but point of law and imterpretation of Act calsues can be nbetter done and by hoigh court.

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adv.bharat @ PUNE (Expert) 02 January 2017
If all you relief went out then you can prefer for High court appeal.

Ms.Usha Kapoor (Expert) 03 January 2017
You can prefer.

Guest (Querist) 03 January 2017
Thanks. On what ground I can prefer revision when appeal lies with sessions court form order as usual. There is one main reason to do for us. To define Domestic violence act specially position of law whe a legal heir lady is denied entry in her own husbands hoiuse by respodents who allege to have a unprobated disputed will

Dr J C Vashista (Expert) 10 January 2017
Dear Gupta ji,
Section 29 of the Act (Protection of Woman From Domestic Violence Act, 2005) provides for appeal to Sessions Court, a competent Court to hear the appeal.

What for do you wish to approach High Court (through Art. 227 of Constitution) till you are exhausting all avenues available in law?

Guest (Querist) 10 January 2017
Sir I thinbk appeal doe snot lie in interium order. Secondly i want to get law settled on substantial point whetehr existence of a disputed unprabated will can hinder a widow to occupoy her husnabds owned house and can avail provisions of PWDVA being a ecinomic violence to prevent her form using her own home . Being widow her domestic relaitonship and the home belonging to her late husband is automatically higher than matrimonial or shared accomodaiton. She is dejure owner being only class I heir left.I dont think sesions can adjudicate n matters of legal calrifications.Only a high coyrrt or abive can define act provisions.Do you agree. So only option ;left is revsion with high court under areticle 226 Cinstitution and sectoion 115/151 CPC.Do you agree sir?

Dr J C Vashista (Expert) 11 January 2017
Dr. Gupta,
Interim order passed by Magistrate is appelable but it would not be revision.
Use of house owned by deceased husband (shared by woman) is right of widow (class I LR) but it would not be under the preview of economical violence vis-a-vis domestic violence.

Basically it depends upon the main petition/ complaint filed by woman whether she has filed under the provisions of PWFDV Act,2005 or some other provision, what is the relief claimed and law applicable to the petition/complaint wherein you wish to get the law interpreted qua residential accommodation of woman or shared house or title of the house being used by the petitioner/complainant or declaration or succession; what is the issue/subject matter.

No opinion can be formed by permutation and combination or on the basis of presumption.

Instead of dragging the query please discuss the issue with a local prudent lawyer with case file.
However, what is your locus qua the query?

Regards

Guest (Querist) 11 January 2017
sir our forum janshakti assiats women and children in dustress or victims includung child labor .
we give free support
for instant case a decision was taken yesterday to prefer revision in high court seeking intervention u/s 115 CPC and invoking article 226
we are seeking atleast immediate part accomodation in her husband's home as she has no accomodation post retirement .

do you think it is okay

the case may be filed today or tomorrow along with urgent matter application as she is seeking right of residence as interim measure

do you agree

adv.bharat @ PUNE (Expert) 15 January 2017
As social motive you can proceed further.

Can revision be filed in high court form magistrate order

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