MINI SHANMUGHAN Vs. SHANMUGHAN

JUDGEMENT

(1.) Annexure A3 order passed in a proceeding under the Protection of Women from Domestic Violence Act {for short "PWDV Act"} is challenged in this petition, invoking the inherent jurisdiction of this court under Section 482 of the Code of Criminal Procedure {for short 'the Code'}. Petitioner is the applicant in the proceedings under the Act before the magistrate. In the application moved under Section 12 of the Act, she claimed for some interim reliefs - a prohibitory order against the husband to insulate her peaceful occupation of the residence, and a claim for interim maintenance for her and two children from the respondent/husband. After hearing the respondent/husband on the claim so made, the magistrate passed Annexure A1 order. The respondent/husband was restrained by an order of injunction from dispossessing the wife from the house and he was also directed to pay her a sum of Rs. 5000/- per month from the date of petition. After the above orders were passed directing payment of interim maintenance a fixed, the respondent failed to comply with such order was the case of the wife to move Annexure A2 petition for its enforcement. The magistrate turned down the application by Annexure A3 order holding that in a proceeding under the Act, he has no jurisdiction to enforce the order awarding interim maintenance by recourse to the provisions of Section 125(3) of the Code. Questioning the correctness and legality of that order, the petitioner has filed the above petition.

(2.) I heard the counsel on both sides.

(3.) Though learned counsel for the respondent/husband strenuously contended that after passing of the interim order, enquiry in the case is indefinitely delayed and the respondent is vexed and harassed by the prohibitory residence order, I find, that circumstance is not material or relevant in examining the propriety and correctness of Annexure A3 order passed by the magistrate. The question for consideration is whether in a proceeding under the Act the magistrate has competency and empowerment to enforce an order of interim maintenance passed by resort to the provision covered by Section 125(3) of the Code.