P CHANDRASEKHARA PILLAI Vs. VALSALA CHANDRAN

JUDGEMENT

(1.) The petitioner in this Crl. M.C. has suffered an ex parte interim order under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act'). That order was suffered by the petitioner in an application filed by the first respondent herein, admittedly his wife. She had approached the learned Magistrate with an application under Section 19 of the Act. The learned Magistrate, after considering the affidavit filed by the petitioner along with the application under Section 12, where she claimed relief under Section 19, came to the conclusion that ex parte interim order is liable to be passed in favour of the first respondent herein. Accordingly, an order was passed invoking the powers under Section 23 r/w. Section 19 allowing the first respondent and her children to reside in the house "Chandra Bhavanam, Kuruppu's Lane, Sasthamangalam, Thiruvananthapuram. The City Police Commissioner, Trivandrum was further directed to give necessary protection to the first respondent for her peaceful residence in the home along with her children.

(2.) I shall hereafter refer to the parties in the manner in which they are ranked before the learned Magistrate. As stated earlier, marital tie is admitted. The petitioner and, the respondent are an estranged couple admittedly. The respondent /husband assails the impugned interim ex parte order passed under Section 23 of the Act and prays that the powers under Section 482 Cr. P.C. may be invoked to quash the order. Various grounds are urged in support of the prayer. I shall proceed to consider them later. The learned Counsel for the petitioner on the other hand contends that an appeal under Section 29 is maintainable and therefore the respondent, who has not chosen to invoke the right of appeal under Section 29 of the Act, cannot be permitted to request this Court to invoke the powers under Section 482 Cr. P.C.

(3.) The learned Counsel Shri. Ramkumar, appearing for the respondent /husband fairly concedes that an appeal is maintainable under Section 29 of the Act against an interim ex parte order passed under Section 23 r/w. Section 19 of the Act. On that aspect no dispute is raised in this petition. In another petition (Crl. M.C. 264 of 2007) which was also being heard along with this petition, a contention was raised that no such appeal is at all maintainable under Section 29 of the Act against an interim order under Section 23 r/w. Section 19 of the Act. I have already held today as per the decision in the Crl. M.C. referred earlier that such an appeal is maintainable. At any rate, since the learned Counsel for the petitioner concedes the same, it is not necessary to advert to that controversy in this order.