Case Note & Summary
The petitioner, Smt. Renuka, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondent, her husband Yalaguresh Shivanappa Chandragiri, to comply with an order dated 28.02.2020 passed by the Principal JMFC, Honnavar in DV No.3/2013. The Magistrate had partly allowed her application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act), directing the respondent to pay a monthly allowance of Rs.7,000/- from the date of petition and Rs.10,000/- towards expenses of proceedings, with a direction to pay within 60 days. The petitioner claimed that the respondent had not complied with the order. The High Court, after hearing the petitioner's counsel, noted that the petitioner has an alternative efficacious remedy under Section 28(2) of the DV Act, which provides for enforcement of monetary relief by the Magistrate. The court held that a writ of mandamus is not maintainable when an alternative statutory remedy is available. Accordingly, the writ petition was dismissed, granting liberty to the petitioner to approach the Magistrate for enforcement of the order.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Writ of Mandamus - Enforcement of DV Act Order - The petitioner sought a writ of mandamus to enforce an order of monthly maintenance passed under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The High Court held that the petitioner has an alternative efficacious remedy under Section 28(2) of the DV Act, which provides for enforcement of monetary relief by the Magistrate. Therefore, the writ petition was not maintainable and was dismissed with liberty to approach the Magistrate. (Paras 1-4) B) Family Law - Domestic Violence - Maintenance - Enforcement - Section 28(2) of Protection of Women from Domestic Violence Act, 2005 - The court observed that Section 28(2) of the DV Act empowers the Magistrate to enforce its own orders regarding monetary relief. The petitioner failed to avail this remedy and instead filed a writ petition. The court declined to entertain the writ petition and directed the petitioner to seek enforcement before the Magistrate. (Paras 3-4)
Issue of Consideration
Whether a writ of mandamus can be issued under Article 226 of the Constitution of India to enforce an order passed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, when an alternative remedy is available under Section 28(2) of the said Act.
Final Decision
The writ petition is dismissed. The petitioner is at liberty to approach the Magistrate for enforcement of the order dated 28.02.2020 passed in DV No.3/2013 in accordance with Section 28(2) of the Protection of Women from Domestic Violence Act, 2005.
Law Points
- Writ of mandamus not maintainable when alternative statutory remedy available
- Enforcement of maintenance order under DV Act must be sought before Magistrate under Section 28(2) of the Act
- Section 28(2) of Protection of Women from Domestic Violence Act
- 2005 provides mechanism for enforcement of monetary relief
