revision in session court
manish
(Querist) 04 November 2010
This query is : Resolved
respected sir
i am advocate for respondent, agrieved person filed application u/s. domestice violence act, the honble court awarded interim maintenance of rs 4000/-, she again filed application for recovering expenses of child education rs. 72000/- said application was rejected by m.m court on the ground that there is no provision for such application, against said order she filed revision in session, pls guide me that there is need of any reply need for revision or is the matter of only arguments, what should i argue is there in case law in such matter pls help me.
Devajyoti Barman
(Expert) 05 November 2010
No case for Revision lies to Sessions court from the order passed in a DV proceeding.The said case is not maintainable.
Arun Kumar Bhagat
(Expert) 05 November 2010
Against the order passed in DV Act, one can definetely challenge the same before Sessions Court by filing appeal as there is no provision for revision in DV Act though both have same practical meaning. In appeal no new evidence can be adduced, you have to argue the case on the materials already relied and produced in M.M.Court or court below.
manish
(Querist) 06 November 2010
Devjyot sir that mean said application is not maintainable in session court due to interlocutory order am i right
Ramakrishnan.V
(Expert) 07 November 2010
It is submitted that section 41 of the act reads as
Section 41 (Chapter 41) Act not in derogation of any other law.
36. Act not in derogation of any other law.-The provisions of this Act shall be in addition to, and not in derogation of the provisions of any other law, for the time being in force.
Section 24 reads as
Section 24 (Chapter 24) Monetary reliefs.
20. Monetary reliefs.-
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,-
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief
Thus when there is a change in circumstances to educate the child or due to some cause a wife is entitled to ask. Hence it is not an interlocutory order as contended by one of the friends.
Hence, when the Magistrate refuses to exercise the jurisdiction conferred and as the magistrate is being a subordinate court to both sessions court and High Court a revision will lie for non exercise of the jurisdiction conferred.
Further, the act says,"An Act to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.BE it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows:-
Hence by virtue of the constitutional right conferred and as the court is a part of the state as per Directive Principles of State Policy the refusal to act amounts to lack of propriety of the order that can be challenged by revision.
Ramakrishnan.V
Kumar Krishan Agarwal Advocate
(Expert) 09 November 2010
Only Revision must lie before Session Court and no appeal right by any party before Session Court.
