VIJAYAKUMARI Vs. JAYAKUMAR

JUDGEMENT

(1.) Can an interim order protecting a woman in a domestic relationship from being dispossessed from the shared household, qualify as a protection order? The above question arises for consideration in this original petition under Article 227 of the Constitution of India.

(2.) Petitioner's attempt to enjoy living in a shared household has been in vain for the last almost two years, despite an order to that effect issued by the Magistrate in a proceeding initiated under the Protection of Women from Domestic Violence Act, 2005 (for short 'the DV Act'). The application for initiating proceedings to impose penalty under sec. 31 of the DV Act, for breach of an interim order has been dismissed, stating that the order under consideration was a residence order and not a protection order.

(3.) Petitioner filed a complaint under Sec. 12 of the DV Act seeking appropriate orders against her husband and his brother and to restrain them from committing domestic violence against her. The learned Magistrate by an interim order dtd. 23/7/2022 in CMP No.764/2022 restrained the first counter-petitioner from harming or injuring or endangering the health or safety of the petitioner and also from dispossessing her from the shared household specifically named therein.