Case Note & Summary
The petitioner, Smt. Yashaswini, wife of the respondent M. Anegudde Ganesh, filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (the Act) before the Magistrate. The Magistrate partly allowed the petition, prohibiting the husband from inflicting violence, directing him to pay monthly maintenance of Rs.10,000/- until her life or remarriage, compensation of Rs.5 lakhs for injuries and mental distress, arrange separate residential house, and pay legal expenses of Rs.1,000/-. The husband appealed under Section 29 of the Act read with Section 374 CrPC before the Sessions Court. On his interim application, the Sessions Court passed an ex parte order staying the Magistrate's order without notice to the wife. The wife challenged this ex parte order before the High Court under Articles 226 and 227 of the Constitution read with Section 482 CrPC. The High Court held that the Sessions Court could not have passed an ex parte interim order without hearing the wife, as it violated principles of natural justice. The Court set aside the ex parte order and directed the Sessions Court to hear the interim application afresh after giving notice to both parties and pass appropriate orders in accordance with law. The High Court emphasized that interim relief of such nature, affecting the wife's maintenance, cannot be granted without affording her an opportunity of being heard.
Headnote
A) Domestic Violence - Interim Relief - Ex Parte Stay - Protection of Women from Domestic Violence Act, 2005, Section 29 - The Sessions Court in its appellate jurisdiction under Section 29 of the Act read with Section 374 CrPC passed an ex parte order staying the Magistrate's order granting maintenance and compensation to the wife. The High Court held that such an ex parte stay without notice to the wife violates principles of natural justice and cannot be sustained. The Court set aside the ex parte order and directed the Sessions Court to hear the matter afresh after notice to both parties. (Paras 1-5)
B) Criminal Procedure - Appeal - Interim Stay - Code of Criminal Procedure, 1973, Section 374 - The Sessions Court's power to grant interim relief in an appeal under Section 29 of the DV Act read with Section 374 CrPC must be exercised after hearing both sides. An ex parte stay of a maintenance order is impermissible as it deprives the wife of her right to be heard and the benefit of the Magistrate's order. (Paras 3-5)
Issue of Consideration
Whether the Sessions Court could pass an ex parte interim order staying the Magistrate's order granting maintenance and compensation under the Protection of Women from Domestic Violence Act, 2005 without notice to the wife.
Final Decision
The High Court allowed the writ petition, set aside the ex parte order dated 21.05.2015 passed by the Sessions Court on I.A.No.1 in Crl. Appeal No.730/2015, and directed the Sessions Court to hear the interim application afresh after giving notice to both parties and pass appropriate orders in accordance with law.
Law Points
- Interim relief under Section 29 of the Protection of Women from Domestic Violence Act
- 2005 cannot be granted ex parte without notice to the opposite party
- Principles of natural justice require hearing before stay of maintenance order
- Sessions Court's appellate jurisdiction under Section 29 read with Section 374 CrPC does not permit ex parte stay of Magistrate's order
Case Details
2016 LawText (KAR) (01) 13
Writ Petition No.34469 of 2015 (GM-RES)
Sri A. Abhinav Ramanand (for petitioner), Sri M.R. Nanjunda Gowda (for respondent)
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Nature of Litigation
Writ petition challenging ex parte interim order of Sessions Court staying Magistrate's order granting maintenance and compensation under the Protection of Women from Domestic Violence Act, 2005.
Remedy Sought
Petitioner (wife) sought to quash the ex parte order dated 21.05.2015 passed by the Principal City Civil and Sessions Judge at Bengaluru in Crl. Appeal No.730/2015 on I.A.No.1, which stayed the Magistrate's order.
Filing Reason
The Sessions Court passed an ex parte order staying the Magistrate's order granting maintenance and compensation to the wife without notice to her, violating principles of natural justice.
Previous Decisions
The Magistrate partly allowed the wife's petition under Section 12 of the DV Act, prohibiting violence, ordering monthly maintenance of Rs.10,000/-, compensation of Rs.5 lakhs, separate residence, and legal expenses of Rs.1,000/-. The husband appealed, and the Sessions Court ex parte stayed that order.
Issues
Whether the Sessions Court could pass an ex parte interim order staying the Magistrate's order under the DV Act without notice to the wife.
Whether such ex parte order violates principles of natural justice.
Submissions/Arguments
Petitioner argued that the ex parte stay order was passed without notice to her, depriving her of the benefit of the Magistrate's order and violating natural justice.
Respondent (husband) presumably supported the Sessions Court's order, but no specific arguments are recorded in the judgment.
Ratio Decidendi
An appellate court under Section 29 of the Protection of Women from Domestic Violence Act, 2005 read with Section 374 CrPC cannot pass an ex parte interim order staying the Magistrate's order granting maintenance and compensation without notice to the opposite party, as it violates principles of natural justice. The wife must be heard before any interim relief that affects her rights under the Act.
Judgment Excerpts
This petition is by the wife, who is aggrieved by the order of the Sessions Court whereby the learned Sessions Judge in his appellate jurisdiction on the interim application of appellant/husband stayed the order of the Magistrate.
The learned Magistrate while partly allowing the petition of the wife filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, prohibited the husband from inflicting violence against the wife and further ordered, if any such violence is perpetuated, the concerned Police shall give adequate protection to her.
On his interim application filed under Section 29 of the Act, an exparte order is passed by the learned Sessions Judge thus: 'The execution of the order dated 21.05.2015 passed by the learned Magistrate is stayed.'
Procedural History
The wife filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 before the Magistrate. The Magistrate partly allowed the petition on 21.05.2015, granting maintenance, compensation, and other reliefs. The husband appealed under Section 29 of the Act read with Section 374 CrPC before the Sessions Court. On the same day, the Sessions Court passed an ex parte order staying the Magistrate's order on I.A.No.1. The wife then filed this writ petition under Articles 226 and 227 of the Constitution read with Section 482 CrPC challenging the ex parte stay order.
Acts & Sections
- Protection of Women from Domestic Violence Act, 2005: 12, 29
- Code of Criminal Procedure, 1973: 374, 482
- Constitution of India: 226, 227
