Criminal Procedure Code, 1973
Sections 125, 397 & 482—Order of maintenance—Whether revisable—An order passed under Section 125 CrPC is revisable under Section 397 CrPC or the proceeding itself can be challenged in an appropriate case under Section 482 CrPC—Whereas, an order passed granting one or more reliefs under the Domestic Violence Act, is not an order passed under Chapter IX of the CrPC—It remains an order passed under the DV Act which is susceptible to an appeal under Section 29 of the Act—There is no appeal from an order under Chapter IX CrPC, and such order can, nonetheless, be revised under Section 397 CrPC, since it is an order made under the provisions of the Code.
[Para 31]
Section 482—Maintainability of petition—Proceedings under Domestic Violence Act—Petition under Section 482 CrPC is not maintainable in respect of proceedings under the Domestic Violence Act and aggrieved party can only file a petition under Article 227 of the Constitution on a limited ground of patent lack of jurisdiction—Except on limited ground, the jurisdiction under Article 227 of the Constitution will not be exercised, as a measure of self-imposed restriction, by passing the statutory remedies under the Domestic Violence Act in the light of decision of Supreme Court in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai v. Tuticorin Educational Society, (2019) 9 SCC 538. [Constitution of India, Article 227]
[Para 75]
Protection of Women from Domestic Violence Act, 2005
Section 12—Application to Magistrate—Nature of proceedings—Character of proceeding, must be ascertained having regard to the nature of subject matter and reliefs sought—Magistrate under the Domestic Violence Act is a “Court designata” and not a “Criminal Court”.
[Para 30]
Section 12—Application to Magistrate—Transfer of—An application under Section 12 of the Domestic Violence Act cannot be transferred from the Court of the Magistrate, designated under Section 27 of the Domestic Violence Act, to the Family Court or the Civil Court.
[Para 44]
Section 12—Application to Magistrate—Directions passed in Dr. P. Pathmanathan v V. Monica, 2021 (1) MLJ (Cri) 311shall govern the disposal of application under the Domestic Violence Act—Clarified.
[Para 76]
Sections 18 to 23—Claim for reliefs—Jurisdiction of Magistrate—In a proceeding under Chapter IV of the Domestic Violence Act, a Magistrate exercises civil jurisdiction to grant one or more civil reliefs under Sections 18-23 of that Act.
[Para 32]