Relief in DV Act is adjunct to under section 125 of CrPC: HC

Srinagar, Jul 27: The High court of J&K and Ladakh has held that if an aggrieved person files an application to seek relief under Sections 18 to 22 of the DV Act in a pending proceeding under Section 488 of J&K Cr. P. C or 125 of Central Cr. P. C, an order passed on such application by the Magistrate or Family court would be an adjunct to the relief under Section 488 of J&K Cr. P. C or 125 Central Cr. P. C.

While dealing with a related plea, a bench of Justice Sanjay Dhar said that such an order can be assailed in the manner as provided under the Code of Criminal Procedure or the Family Courts Act, as the case may be, and not in the manner as provided under the DV Act.

Sections 18 to 22 of DV Act provide for protection orders, residence orders, monetary relief, custody order, and compensation orders.

The court was hearing a plea, challenging an order by trial Magistrate in Anantnag whereby petitioner, Mubashir Ahamad was directed to pay in response to a petition filed under 488 of J&K CrPC by his wife and daughter, monthly maintenance of Rs 3000 to his wife and Rs 5000 to daughter.

“In view of the legal analysis, it is clear that order dated 02.02.2021 passed by the learned trial Magistrate could have been assailed by the respondents by filing a revision petition in terms of Section 435 of the J&K Cr. P. C, which is in peri-materia with Section 397 of Central Cr. P. C, before the learned Sessions Judge and not by way of an appeal under Section 29 of the DV Act”, the court said and set aside orders passed by the trial magistrate.

The bench directed the trial magistrate to decide the application filed by mother and daughter under section 19 of the DV Act under Law.