Case Note & Summary
The applicant, Smt. Sheetal Thawkar, filed an application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of an order dated 3rd September 2010 passed by the Additional Sessions Judge-7, Nagpur, in Criminal Appeal No. 177 of 2010. The appellate court had set aside an interim order dated 18th June 2010 passed by the 20th Joint Civil Judge (Jr. Dn.) and J.M.F.C., Nagpur, in Criminal Application No. 541 of 2010. The applicant had originally filed proceedings under Section 12 read with Sections 17, 18, and 19 of the Protection of Women from Domestic Violence Act, 2005, against her husband (respondent no. 1) and mother-in-law (respondent no. 2). She alleged that after her marriage on 5th December 2008, she resided in the shared household at Plot No. 170, Chakradhar Nagar, Nagpur, which was a two-storeyed building with eleven rooms. On 5th April 2010, the respondents locked the entire building, committing domestic violence and depriving her of the shared household. She also claimed that her husband ill-treated her for money to purchase a four-wheeler. The Magistrate had granted interim relief in her favor, but the appellate court reversed it. The High Court, after hearing both sides, held that the appellate court had erred in interfering with the Magistrate's discretionary order. The court noted that the applicant had a right to reside in the shared household and that the interim order was necessary to protect her from dispossession. Consequently, the High Court allowed the application, quashed the appellate order, and restored the Magistrate's interim order dated 18th June 2010.
Headnote
A) Criminal Procedure - Inherent Powers - Section 482 CrPC - Quashing of Appellate Order - The High Court exercised its inherent jurisdiction to quash the appellate order that had set aside an interim maintenance order, as the appellate court had exceeded its jurisdiction by interfering with a discretionary order without sufficient grounds. (Paras 1-2)
B) Domestic Violence - Interim Maintenance - Sections 12, 17, 18, 19 Protection of Women from Domestic Violence Act, 2005 - Right to Residence - The wife had a right to reside in the shared household, and the Magistrate had correctly granted interim maintenance to prevent her dispossession. The appellate court's order was set aside, and the Magistrate's order was restored. (Paras 2-4)
Issue of Consideration
Whether the appellate court was justified in setting aside the interim maintenance order passed by the Magistrate under the Protection of Women from Domestic Violence Act, 2005, and whether the High Court should exercise its inherent powers under Section 482 CrPC to restore the said order.
Final Decision
The High Court allowed the application, quashed the order dated 3rd September 2010 passed by the Additional Sessions Judge-7, Nagpur, in Criminal Appeal No. 177 of 2010, and restored the order dated 18th June 2010 passed by the 20th Joint Civil Judge (Jr. Dn.) and J.M.F.C., Nagpur, in Criminal Application No. 541 of 2010.
Law Points
- Interim maintenance under Domestic Violence Act
- Right to residence in shared household
- Appellate court's interference with interim orders
- Section 482 CrPC inherent powers
Case Details
2011 LawText (BOM) (06) 141
Criminal Application No. 1534 of 2010
Mr. A.A. Sonak for applicant, Mr. Masood Shareef for respondent nos. 1 and 2
Smt. Sheetal w/o. Hitesh Thawkar
Hitesh s/o. Vijay Thawkar and Smt. Vijaya wd/o. Late Vijay Thawkar
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Nature of Litigation
Criminal application under Section 482 CrPC for quashing appellate order and restoring interim maintenance order under Domestic Violence Act.
Remedy Sought
Quashing of order dated 3rd September 2010 passed by Additional Sessions Judge-7, Nagpur, in Criminal Appeal No. 177 of 2010, and restoration of order dated 18th June 2010 passed by 20th Joint Civil Judge (Jr. Dn.) and J.M.F.C., Nagpur, in Criminal Application No. 541 of 2010.
Filing Reason
The applicant alleged that the appellate court wrongly set aside the interim maintenance order granted by the Magistrate, depriving her of protection from domestic violence and right to residence in shared household.
Previous Decisions
The Magistrate had passed an interim order on 18th June 2010 in favor of the applicant. The appellate court set aside that order on 3rd September 2010.
Issues
Whether the appellate court was justified in setting aside the interim maintenance order passed by the Magistrate under the Protection of Women from Domestic Violence Act, 2005.
Whether the High Court should exercise its inherent powers under Section 482 CrPC to restore the Magistrate's order.
Submissions/Arguments
The applicant argued that the appellate court erred in interfering with the Magistrate's discretionary order, as the applicant had a right to reside in the shared household and was entitled to interim protection.
The respondents argued that the appellate court correctly set aside the order as the Magistrate had no jurisdiction or the order was not justified.
Ratio Decidendi
The appellate court exceeded its jurisdiction by setting aside the interim maintenance order without sufficient grounds, as the Magistrate had correctly exercised discretion to protect the wife's right to residence in the shared household under the Protection of Women from Domestic Violence Act, 2005. The High Court's inherent powers under Section 482 CrPC can be invoked to prevent abuse of process and secure the ends of justice.
Judgment Excerpts
By this application under Section 482 of the Code of Criminal Procedure, the applicant has prayed for quashing and setting aside the order dated 3rd September, 2010 passed in Criminal Appeal No.177 of 2010 by the learned Additional Sessions Judge-7, Nagpur with consequential prayer to restore the order dt.18.6.2010 passed below Exh.16 in Criminal Application No.541 of 2010 by 20th Joint Civil Judge (Jr.Dn.) and J.M.F.C.Nagpur.
It appears that the present applicant had filed proceedings against her husband and mother-in-law under Section 12 r/w. Sections 17, 18 and 19 of the Protection of Women from Domestic Violence Act, 2005.
Procedural History
The applicant filed Criminal Application No. 541 of 2010 under the Protection of Women from Domestic Violence Act, 2005, before the 20th Joint Civil Judge (Jr. Dn.) and J.M.F.C., Nagpur, who passed an interim order on 18th June 2010. The respondents appealed against this order in Criminal Appeal No. 177 of 2010 before the Additional Sessions Judge-7, Nagpur, who set aside the interim order on 3rd September 2010. The applicant then filed the present application under Section 482 CrPC before the High Court.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Protection of Women from Domestic Violence Act, 2005: Sections 12, 17, 18, 19
