QUASH PROCEEDINGS RELATED TO DOMESTIC VIOLENCE IS MAINTAINABLE???

In this case, the petition was filed under two different forums for maintenance under sec 125 Crpc and sought relief under the Domestic Violence Act.



Petitioners moved two different forums which raised double jeopardy. So dismissed by Magistrate. Against this order of the Magistrate, the petitioner filed a criminal revision petition.



Now that the revision petition ruling by Justice Chaudhuri and he observed that ‘ Whether the order given by the magistrate is maintainable under a proceeding of Sec 12 read with Sec 23 of protection of women from DV act, 2005.



Sec 23 empowers a magistrate to grant interim order for an aggrieved person.
The court also said that sec 12 of the act invoke the inherent jurisdiction of the high court under sec 482 Crpc and they clarified a respondent to challenge the maintainability.



The court also referred to the Madras HC ruling which said is not maintainable. The court granted petitioners to file an appeal before the concerned sessions court.