BONELA Vs. BONELA JAYALAXMI

JUDGEMENT

(1.) The 1st respondent filed D.V.C.No.2 of 2020 before the Judicial First Class Magistrate, Pathapatnam, Srikakulam District, for reliefs under Ss. 18, 19, 20 and 22 of the Domestic Violence Act, 2005, against the petitioners herein, who are the family members of her late husband.

(2.) The trial Court had thereupon issued a notice in Form-I, under Sec. 61 of Cr.P.C. Aggrieved by the said notice, the petitioners herein had filed W.P.No.8836 of 2021 before this Court. A Division Bench of this Court, after noticing the Judgment of the learned Single Judge of the Hon'ble High Court of Madras in Dr.P.Pathmanathan and others vs. Tmt V.Monica and others (2021 (2) CTC 57) and without expressing any view on the said Judgment, had held that a judicial order passed by a Court of law is not amenable to writ jurisdiction under Article 226 of the Constitution and left it open to the petitioner to explore the possibility of invoking the jurisdiction under Article 227 of Constitution. Thereafter, the petitioners have now approached this Court by way of the present Civil Revision Petition under Article 227 of Constitution of India.

(3.) A perusal of the complaint and the various Judgments which are cited herein make out a prima-facie case for stay of further proceedings in the subject D.V.C.