RAJU NARAYANA SWAMY Vs. BEENA

JUDGEMENT

(1.) Whether the Family Court has jurisdiction to take cognizance of an independent and original proceeding under Sec. 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the 'PWDV Act' for short) and grant any of the reliefs under section 18 to 12 of the Act? This is the moot question raised by the petitioner in this case.

(2.) The petitioner herein is the respondent in M.C. No. 367 of 2015 on the file of the Family Court, Ernakulam. The aforesaid petition has been filed by the respondent herein under Sec. 12 of the PWDV Act seeking a residence order and monetary reliefs. The maintainability of the original application itself is under challenge in this petition filed under Art. 227 of the Constitution of India.

(3.) Skeletal facts necessary for disposal of this petition are that the petitioner married the 1st respondent in the year 2007 and in course of time, the relationship ran into rough weather. This led to the filing of a petition seeking divorce by the respondent before the Family Court, Ernakulam as O.P.(HMA) No.1451 of 2014. It appears that the said petition was allowed ex parte. An application seeking to set aside the order was filed which is pending before the Court below. While so, the instant petition was filed under Sec. 12 of the PWDV Act before the Family Court, Ernakulam as M.C. No. 367 of 2015 under Sec. 19 and 20 of the PWDV Act with a prayer to direct the petitioner (i) to secure alternate accommodation for the respondent or to pay monthly rent; (ii) for monthly maintenance at the rate of Rs.20,000.00; and (iii) to direct payment of compensation of Rs.50 Lakhs. Though an objection was filed by the petitioner, the Family Court by order dated 21/10/2016 directed the petitioner to pay a sum of Rs.15,000.00 as maintenance to the respondent and a sum of Rs. 10,000.00 as rent for availing appropriate accommodation. The petitioner is aggrieved by the above order. According to the petitioner, the original petition itself is not maintainable before the Family Court.