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Court passed order to police for break the house look & ente

COURT PASSED ORDER TO POLICE FOR BREAK THE HOUSE LOOK & ENTER THE WIFE INTO HOME

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Present : M. Jeyapaul, J.

Case Number(s) : Crl.R.C. Nos. 48 and 148 of 2008 and M.P. Nos.1 of 2008

Judgement Date : Tuesday 25th of March 2008

P. Babu Venkatesh and Others	.....Appellant(s)
*Versus*
Rani	.....Respondent(s)

(A) Protection of Women from Domestic Violence Act (43 of 2005), Sections 23(2), 2(a), 31 and 19(f) - Interim petition by wife/respondent seeking residence in shared household allowed - Interim order passed - Contention, divorce petition by husband first petitioner pending - Held, divorce petition by husband has nothing to do with interim order sought for by wife under Protection of Women from Domestic Violence Act, 2005 - Reliefs under aforesaid Act to be granted in genuine cases even while matrimonial case pending.

(B) Protection of Women from Domestic Violence Act (43 of 2005), Sections 23(2) and 31 - Preliminary order passed - Contention in impugned ex-parte order - Magistrate not stated he satisfied prima facie case discloses act of domestic violence - Held, averments in respondent's application disclose commission of domestic violence - Same incorporated in impugned order - Judicial Magistrate will within his powers passed impugned protection order under Section 23(2) of Act of 2005.

(C) Protection of Women from Domestic Violence Act (43 of 2005), Section 19(7) - Judicial Magistrate's direction to police to break open lock of subject house - Contention, Judicial Magistrate to have waited for filing of counter in main application - Judicial Magistrate has ample power under Section 19(7) of Act, held, to give any order to police to assist in implementing protection order - Interim residence order, one of protection orders - Respondent cannot be made to wait in the street till counter filed - In view of emergency, Judicial Magistrate passed order at 8. 30 p. m. after weighing merits of application - No impropriety or illegality in impugned order.

I. "The relief provided in the Protection of Women from Domestic Violence Act, 2005, have to be granted in genuine cases, even during pendency of matrimonial case between the parties."

II. "Under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005, if the Magistrate is satisfied that the application prima facie discloses that the respondent is committing or has committed or there is likelihood of his committing an act of domestic violence, he has to pass a protection order."

III. "That 'Magistrate is satisfied' need not be incorporated in the order passed under Section 23(2) of Act of 2005".

IV. "Under Section 19(7) of the Protection of Women from Domestic Violence Act, 2005, the Judicial Magistrate has ample power to give any order to the officer in charge to assist him in the implementation of the protection order."

CASES REFERRED TO:

I. "The relief provided in the Protection of Women from Domestic Violence Act, 2005, have to be granted in genuine cases, even during pendency of matrimonial case between the parties."

II. "Under Section 23(2) of the Protection of Women from Domestic Violence Act, 2005, if the Magistrate is satisfied that the application prima facie discloses that the respondent is committing or has committed or there is likelihood of his committing an act of domestic violence, he has to pass a protection order."

III. "That 'Magistrate is satisfied' need not be incorporated in the order passed under Section 23(2) of Act of 2005".

IV. "Under Section 19(7) of the Protection of Women from Domestic Violence Act, 2005, the Judicial Magistrate has ample power to give any order to the officer in charge to assist him in the implementation of the protection order."