DOMESTIC VIOLENCE: Interim Orders While section 23 of the Protection of Women from Domestic Violence Act, 2005, expressly confers power on the Magistrate to grant interim orders, there is no express provision conferring such power on the Sessions Court in exercise of its appellate jurisdiction. In the instant case, the appellant, a young woman got married to the respondent on 2-4-2007 according to Hindu rites and customs but according to the appellant, she was thrown out of the matrimonial home within four months of the marriage. The respondent husband filed a petition for divorce in year 2007 itself which is pending before the Family Court. The appellant wife filed a complaint under section 12 of the Domestic Violence Act. The Magistrate granted an amount of ` 2.5 lakhs towards monthly maintenance of appellant. The respondent husband filed an appeal before the Sessions Judge. The Sessions Judge while granting stay of the execution of the order under appeal passed an order directing the respondent to pay the entire arrears of the maintenance due to the appellant. On challenge, the High Court held that the execution petition filed by the appellant for recovery of the arrears be kept in abeyance. In the process the appellant is still awaiting the fruits of maintenance. While vacating such interim orders, the Supreme Court has held that in a matter arising under a legislation meant for protecting the rights of the women the High Court should have been slow in granting interim orders, interfering with the orders by which maintenance is granted. Shalu Ojha v. Prashant Ojha, Crl. A. No. 2070 of 2014; Decided on 18-9-2014 (SC) [J. Chelameswar and A.K. Sikri, JJ.] -------------------------------------- Follow us on whatsapp for more updates :-
Posted on: Tue, 27 Jan 2015 07:20:21 +0000
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