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Domestic viloence act

(Querist) 19 August 2008 This query is : Resolved 
Respected Sir/Madam,
i just wanted to get clear that are SEC 3,3,5, 18 and 20 Of the domestic violence act,2005 are violative to ART 14 and ART 21 of the indian Constitutiton??? if yes, can u plz explain in brief, to help me to gain clear knowledge about the mentioned sec and articels. or help with any illustrations with the help of any case laws.

thank you..
Guest (Expert) 20 August 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 53 of 2007()


1. P.CHAMDRASEKHARA PILLAI,
... Petitioner

Vs



1. VALSALA CHANDRAN,
... Respondent

2. STATE OF KERALA REP. BY THE

For Petitioner :SRI.K.RAMAKUMAR

For Respondent :PUBLIC PROSECUTOR

The Honble MR. Justice R.BASANT

Dated :27/02/2007

O R D E R
R. BASANT, J.

- - - - - - - - - - - - - - - - - - - - - -

Crl.M.C.No. 53 of 2007

- - - - - - - - - - - - - - - - - - - - - -

Dated this the 27th day of February, 2007


O R D E R


The petitioner in this Crl.M.C. has suffered an ex parte


interim order under Section 23 of the Protection of Women from


Domestic Violence Act, 2005 (hereinafter referred to as `the Act).


That order was suffered by the petitioner in an application filed by the


first respondent herein, admittedly his wife. She had approached the


learned Magistrate with an application under Section 19 of the Act.


The learned Magistrate, after considering the affidavit filed by the


petitioner along with the application under Section 12, where she


claims relief under Section 19, came to the conclusion that ex parte


interim order is liable to be passed in favour of the first respondent


herein. Accordingly, an order was passed invoking the powers under


Section 23 r/w. Section 19 allowing the first respondent and her


children to reside in the home Chandra Bhavanam, Kuruppus Lane,


Sasthamangalam, Thiruvananthapuram. The City Police


Commissioner, Trivandrum was further directed to give necessary


Crl.M.C.No. 53 of 2007 2




protection to the first respondent for her peaceful residence in the home


along with her children.


2. I shall hereafter refer to the parties in the manner in which they are


ranked before the learned Magistrate. As stated earlier, marital tie is


admitted. The petitioner and the respondent are an estranged couple


admittedly. The respondent/husband assails the impugned interim ex parte


order passed under Section 23 of the Act and prays that the powers under


Section 482 Cr.P.C. may be invoked to quash the order. Various grounds


are urged in support of the prayer. I shall proceed to consider them later.


The learned counsel for the petitioner on the other hand contends that an


appeal under Section 29 is maintainable and therefore the respondent, who


has not chosen to invoke the right of appeal under Section 29 of the Act,


cannot be permitted to request this Court to invoke the powers under


Section 482 Cr.P.C.


3. The learned counsel Shri.Ramkumar, appearing for the


respondent/husband fairly concedes that an appeal is maintainable under


Section 29 of the Act against an interim ex parte order passed under


Section 23 r/w. Section 19 of the Act. On that aspect no dispute is raised in


this petition. In another petition (Crl.M.C. 264 of 2007) which was also


being heard along with this petition, a contention was raised that no such


Crl.M.C.No. 53 of 2007 3




appeal is at all maintainable under Section 29 of the Act against an interim


order under Section 23 r/w. Section 19 of the Act. I have already held


today as per the
kritika (Querist) 20 August 2008
thank u sir for ur reply, but still my basic query that are SEC 3,3,5, 18 and 20 Of the domestic violence act,2005 are violative to ART 14 and ART 21 of the indian Constitutiton??? is still nt solved. can u help me with it

thank u
Guest (Expert) 21 August 2008
As of now I am not aware matter reaching SC on this Act. under the section you want.

Prima facie they are voilative of the Articles.

Any reasonable law can be enforced on the subjects, subject to certain conditions. The Act is well gaurded and doesn't seem to voilate the said articles.

Do you know of any such matter challenging validity.


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