Case Note & Summary
The case involved a Civil Revision Petition filed by the petitioners, Mr. R. Martin and Ms. R. Philomena, against an order passed by the XXII Additional Sessions Judge, Chennai, in domestic violence proceedings initiated by the respondent, Mrs. Princy Martin. The respondent had filed a Domestic Violence Complaint (DVC No.12 of 2021) seeking various reliefs under the Protection of Women from Domestic Violence Act, 2005. During the proceedings, the respondent filed an application for interim relief, which was partly granted by the Magistrate, allowing some protections under Sections 18 and 19 of the Act while denying others. The respondent subsequently appealed against the denied reliefs, leading to the filing of Crl.M.P. No.2 of 2025, where the Appellate Court issued a status quo order. The petitioners contended that the Appellate Court erred in granting this order without a specific request for an interim injunction, especially since the original injunction had not been extended beyond 07.10.2021. The respondent's counsel argued that the petitioners had been alienating properties, undermining the purpose of the domestic violence proceedings. The court analyzed the submissions and concluded that the Appellate Court's order was inappropriate as it contradicted the principles established in prior case law regarding the granting of interim relief. Ultimately, the High Court allowed the revision petition, set aside the status quo order, and closed the connected miscellaneous petitions without costs.
Headnote
A) Domestic Violence - Interim Relief - Status Quo Order - Protection of Women from Domestic Violence Act, 2005, Sections 18, 19 - The Appellate Court's order of status quo was set aside as it was granted without a specific prayer for interim injunction and was contrary to established legal principles regarding interim relief. The court emphasized that such relief should not be granted at an interlocutory stage without sufficient grounds (Paras 12-13).
Issue of Consideration
Whether the Appellate Court erred in granting a status quo order in the absence of a specific prayer for interim injunction.
Final Decision
The Civil Revision Petition was allowed, and the order of status quo granted in Crl.M.P. No. 2 of 2025 was set aside. Connected Miscellaneous Petitions were also closed without costs.
Law Points
- Domestic Violence
- Interim Relief
- Status Quo
- Moulding of Relief
- Protection of Women from Domestic Violence Act
- 2005
