VELAYUDHAN NAIR P R Vs. CHIMMINIKKARA KARTHIAYANI

JUDGEMENT

(1.) The short question for consideration is whether for breach of an order passed under S.19 or 20 of Protection of Women from Domestic Violence Act (hereinafter referred to as 'the Act'), respondent could be prosecuted for the offence as provided under S.31 of the Act.

(2.) Petitioner is the son and respondent the mother. Respondent filed Ext. P1 petition under S.12 of the Act claiming an order prohibiting commission of domestic violence under S.18(a) and an order for reconveyance of the property to her under S.18(c) and a residential order under S.19(2) and mandatory relief under S.20 of the Act. Under Ext. P4 order, Judicial First Class Magistrate-I, Sulthanbathery passed an order, finding that petitioner committed domestic violence, restraining the petitioner from alienating or disposing of the property under S.19(d). A residential order under S.19(2) and monetary relief under S.20(a)(b) of the Act were also granted. Petitioner challenged that order before Sessions Court, Kalpetta. Under Ext. P7 order, learned Sessions Judge modified that order directing the petitioner to take the building sold by him on lease from Sukumaran Nair and allow the respondent to reside in the house till her death by way of alternate accommodation as provided under S.19 and to pay Rs.1,500/- as maintenance allowance and Rs.500/- as medical allowance as provided under S.20 of the Act. Complaining that petitioner did not comply with the order, respondent filed CMP No. 3052/2008. Under Ext. P12 order, learned Magistrate, finding that petitioner did not comply with Ext. P7 order, took cognizance for the offence under S.31 and posted the case for recording the plea. The said order is challenged by filing this petition under Art.227 of the Constitution of India. When the writ petition was admitted, an order of stay was granted.

(3.) Learned counsel appearing for the petitioner and respondent were heard.