Case Note & Summary
The applicant, Deepabao w/o Madan Jasekar, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 challenging the judgment dated 11.12.2017 passed by the Additional Sessions Judge-6, Amravati in Criminal Appeal No. 187/2012. The wife had originally filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) seeking protective orders and monetary relief under Sections 18, 19, 20, and 22. The Magistrate dismissed the application on 09.10.2012. On appeal, the Additional Sessions Judge partly allowed the appeal and directed the husband to pay Rs. 1000/- for residence and Rs. 2000/- for monetary relief per month (total Rs. 3000/- per month) under Sections 19 and 20 of the DV Act, but made the relief effective from the date of the appellate order. The wife was aggrieved that the monetary relief was not made effective from the date of her application under Section 12. The husband also challenged the appellate order in Criminal Revision Application No. 86 of 2019, which was dismissed by this Court on 17.01.2020. The High Court considered the issue and held that the monetary relief under the DV Act should be effective from the date of the application under Section 12, as the Act aims to provide immediate relief to victims of domestic violence. The court modified the appellate order to make the monetary relief effective from the date of the application under Section 12, i.e., from the date of filing of the original application before the Magistrate. The petition was allowed accordingly.
Headnote
A) Domestic Violence - Monetary Relief - Effective Date - Sections 19, 20, 12 Protection of Women from Domestic Violence Act, 2005 - The wife sought monetary relief under the DV Act; the appellate court granted relief but made it effective from the date of its order. The High Court held that monetary relief should be effective from the date of the application under Section 12, as the purpose of the Act is to provide immediate relief to the victim. The court modified the appellate order accordingly. (Paras 1-6)
Issue of Consideration
Whether the monetary relief granted under Sections 19 and 20 of the Protection of Women from Domestic Violence Act, 2005 should be made effective from the date of the application under Section 12 of the DV Act or from the date of the appellate order.
Final Decision
The High Court allowed the petition and modified the appellate order to make the monetary relief effective from the date of the application under Section 12 of the DV Act.
Law Points
- Monetary relief under DV Act should be effective from date of application
- Section 482 CrPC can be invoked to correct error in appellate order
- Protection of Women from Domestic Violence Act 2005
Case Details
2021 LawText (BOM) (01) 88
Criminal Application (APL) No.1252 of 2019
Mrs. R.G. Nitnaware for Applicant, Mr. V.A. Thakare, APP for Non-Applicant 2/State
Deepabao w/o Madan Jasekar
Madan s/o Babulal Jasekar, State of Maharashtra
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Nature of Litigation
Criminal application under Section 482 CrPC challenging appellate order in domestic violence case regarding effective date of monetary relief.
Remedy Sought
The wife sought modification of the appellate order to make monetary relief effective from the date of her application under Section 12 of the DV Act.
Filing Reason
The wife was aggrieved that the monetary relief granted by the appellate court was made effective from the date of the appellate order instead of from the date of her application under Section 12.
Previous Decisions
The Magistrate dismissed the wife's application under Section 12 on 09.10.2012. The Additional Sessions Judge partly allowed the appeal on 11.12.2017, granting monetary relief but effective from the date of the appellate order. The husband's revision against that order was dismissed on 17.01.2020.
Issues
Whether monetary relief under Sections 19 and 20 of the DV Act should be effective from the date of the application under Section 12 or from the date of the appellate order.
Submissions/Arguments
The wife argued that the monetary relief should be effective from the date of the application under Section 12 of the DV Act.
The husband had challenged the appellate order in revision, which was dismissed.
Ratio Decidendi
Monetary relief under the Protection of Women from Domestic Violence Act, 2005 should be effective from the date of the application under Section 12, as the Act aims to provide immediate relief to victims of domestic violence.
Judgment Excerpts
Inherent power under section 482 of the Code of Criminal Procedure (Code) is invoked to challenge the judgment dated 11.12.2017 rendered by the Additional Sessions Judge-6, Amravati in Criminal Appeal 187/2012 whereby the monetary relief granted to the applicant under Section 19 and 20 of The Protection of Women from Domestic Violence Act 2005 (DV Act) is made effective from the date of the order.
The wife is aggrieved to the extent the monetary relief is not made effective from the date of the application under Section 12 of the DV Act.
Procedural History
The wife filed an application under Section 12 of the DV Act before the Magistrate, which was dismissed on 09.10.2012. She appealed to the Additional Sessions Judge, who partly allowed the appeal on 11.12.2017, granting monetary relief but effective from the date of the appellate order. The husband filed a revision against that order, which was dismissed on 17.01.2020. The wife then filed the present application under Section 482 CrPC challenging the effective date of the monetary relief.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Protection of Women from Domestic Violence Act, 2005: 12, 18, 19, 20, 22
