Domestic viloence act
kritika
(Querist) 19 August 2008
This query is : Resolved
Respected Sir/Madam,
i just wanted to get clear that are SEC 3,3,5, 18 and 20 Of the domestic violence act,2005 are violative to ART 14 and ART 21 of the indian Constitutiton??? if yes, can u plz explain in brief, to help me to gain clear knowledge about the mentioned sec and articels. or help with any illustrations with the help of any case laws.
thank you..
Guest
(Expert) 20 August 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 53 of 2007()
1. P.CHAMDRASEKHARA PILLAI,
... Petitioner
Vs
1. VALSALA CHANDRAN,
... Respondent
2. STATE OF KERALA REP. BY THE
For Petitioner :SRI.K.RAMAKUMAR
For Respondent :PUBLIC PROSECUTOR
The Honble MR. Justice R.BASANT
Dated :27/02/2007
O R D E R
R. BASANT, J.
- - - - - - - - - - - - - - - - - - - - - -
Crl.M.C.No. 53 of 2007
- - - - - - - - - - - - - - - - - - - - - -
Dated this the 27th day of February, 2007
O R D E R
The petitioner in this Crl.M.C. has suffered an ex parte
interim order under Section 23 of the Protection of Women from
Domestic Violence Act, 2005 (hereinafter referred to as `the Act).
That order was suffered by the petitioner in an application filed by the
first respondent herein, admittedly his wife. She had approached the
learned Magistrate with an application under Section 19 of the Act.
The learned Magistrate, after considering the affidavit filed by the
petitioner along with the application under Section 12, where she
claims relief under Section 19, came to the conclusion that ex parte
interim order is liable to be passed in favour of the first respondent
herein. Accordingly, an order was passed invoking the powers under
Section 23 r/w. Section 19 allowing the first respondent and her
children to reside in the home Chandra Bhavanam, Kuruppus Lane,
Sasthamangalam, Thiruvananthapuram. The City Police
Commissioner, Trivandrum was further directed to give necessary
Crl.M.C.No. 53 of 2007 2
protection to the first respondent for her peaceful residence in the home
along with her children.
2. I shall hereafter refer to the parties in the manner in which they are
ranked before the learned Magistrate. As stated earlier, marital tie is
admitted. The petitioner and the respondent are an estranged couple
admittedly. The respondent/husband assails the impugned interim ex parte
order passed under Section 23 of the Act and prays that the powers under
Section 482 Cr.P.C. may be invoked to quash the order. Various grounds
are urged in support of the prayer. I shall proceed to consider them later.
The learned counsel for the petitioner on the other hand contends that an
appeal under Section 29 is maintainable and therefore the respondent, who
has not chosen to invoke the right of appeal under Section 29 of the Act,
cannot be permitted to request this Court to invoke the powers under
Section 482 Cr.P.C.
3. The learned counsel Shri.Ramkumar, appearing for the
respondent/husband fairly concedes that an appeal is maintainable under
Section 29 of the Act against an interim ex parte order passed under
Section 23 r/w. Section 19 of the Act. On that aspect no dispute is raised in
this petition. In another petition (Crl.M.C. 264 of 2007) which was also
being heard along with this petition, a contention was raised that no such
Crl.M.C.No. 53 of 2007 3
appeal is at all maintainable under Section 29 of the Act against an interim
order under Section 23 r/w. Section 19 of the Act. I have already held
today as per the
kritika
(Querist) 20 August 2008
thank u sir for ur reply, but still my basic query that are SEC 3,3,5, 18 and 20 Of the domestic violence act,2005 are violative to ART 14 and ART 21 of the indian Constitutiton??? is still nt solved. can u help me with it
thank u
Guest
(Expert) 21 August 2008
As of now I am not aware matter reaching SC on this Act. under the section you want.
Prima facie they are voilative of the Articles.
Any reasonable law can be enforced on the subjects, subject to certain conditions. The Act is well gaurded and doesn't seem to voilate the said articles.
Do you know of any such matter challenging validity.
