SHANAVAS Vs. RASEENA

JUDGEMENT

(1.) First respondent, through her mother, filed petition under S. 12 of Protection of Women from Domestic Violence Act before Judicial First Class Magistrate's Court-II, Thiruvananthapuram, which was numbered as M.C. No. 24672010. First respondent also filed a petition for interim order under S. 23 of Protection of Women from Domestic Violence Act. By Annexure-II ex parte order dated 24.9.2010, respondents therein were restrained from committing any sort of domestic violence against the first respondent herein. Petitioner, the first respondent therein, was directed to appear before the court on 7.10.2010 and surrender his passport. He was also directed to pay Rs. 1,500/-per month towards maintenance to the aggrieved person. Notice was ordered to the respondents therein, including the petitioner. Petitioner, along with the third respondent, challenged that order before Sessions Court, Thiruvananthapuram in Crl.A. No. 758/2010. It is pending. They also sought an order staying Annexure-II order. By Annexure-IV order, learned Sessions Judge stayed only the direction to surrender the passport. Annexure-VI, copy of the proceedings paper in M.C. No. 246/2010, shows that case was posted to 19.10.2010 and on that day, learned Magistrate directed the petitioner to appear in person and pay maintenance. On that day, case was posted to 2.11.2010, On 2.11.2010, petitioner was absent. The case was then posted to 18.11.2010. On 18.11.2010 recording that petitioner was absent and there was no payment of interim maintenance ordered, non bailable warrant returnable on 9.12.2010 was issued. This petition is filed under S. 482 of Code of Criminal Procedure for a direction to the learned Magistrate to dispose the petition filed under S. 12 of Protection of Women from Domestic Violence Act expeditiously and to stay the order issuing non bailable warrant. In the light of the order to be passed in this petition, it is not necessary to issue notice to the first respondent.

(2.) Section 23(1) of Protection of Women from Domestic Violence Act provides that in any proceeding before the Magistrate, he may pass such interim order as he deems just and proper. Sub-section (2) provides that if the Magistrate is satisfied that an application prima facie discloses that respondent is committing or has committed an act of domestic violence or that there is likelihood that respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit in such form, as may be prescribed, of the aggrieved person under Sections 18, 19, 20, 21 or 22 against the respondent.

(3.) Section 31 of Protection of Women from Domestic Violence Act provides for penalty for breach of protection order. Under sub-section (1), a breach of protection order or of an interim protection order by the respondent shall be an offence and shall be punishable with imprisonment for a term which may extend to one year or fine or both. S. 32 provides that notwithstanding anything contained in the Code of Criminal Procedure, the offence under sub-section (1) of S. 31 shall be cognizable and non bailable.