DILEEP S. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the respondent in a proceeding under the Protection of Women from Domestic Violence Act (for short the 'PWDV Act'), filed by the second respondent, his wife. As against the interim order passed in such proceedings on the application moved by the applicant, wife, directing the petitioner not to cause any obstruction to her peaceful residence in the shared household, and not to alienate their shared household, with further orders directing him to pay interim maintenance as fixed by the Magistrate, petitioner preferred an appeal as provided under Section 23 of that Act. That appeal after hearing both sides was dismissed by the learned Sessions Judge confirming the order of the Magistrate without any modification. Invoking the inherent jurisdiction of this court under Section 482 of the Code, petitioner has filed the above petition impeaching the correctness and legality of the order of the Magistrate as affirmed by the learned Sessions Judge. The inherent powers of this court under the aforesaid section is exercisable only to prevent abuse of process of the court or to give effect to the orders of the Code or to secure the ends of justice. Propriety, correctness and legality of an order passed by an inferior court may be amenable in exercise of revisional jurisdiction and perhaps to a limited extent in exercise of the inherent jurisdiction of this court also to examine whether there has been any failure of justice or an abuse of process of the court. On the materials placed, interim relief canvassed by the petitioner was granted by the learned Magistrate, which, after scrutiny of such materials has been approved by the Sessions Judge negativing the challenge raised in appeal by the petitioner. In case, there is any change of circumstance after passing of the order, it is open to the petitioner to seek for modification of such order canvassing and highlighting such circumstance before the Magistrate, as provided under law. Subject to the observation made above, the petition is dismissed.