2007 (10) TMI 696 - HC - Indian Laws

High Court quashes Magistrate's order in Domestic Violence case, emphasizes complainant's right to shared household.

Maya Devi Versus The State of N.C.T. of Delhi and Jai Shree

The High Court quashed the Metropolitan Magistrate's order in a Domestic Violence Application, emphasizing the complainant's right to stay at the shared ... - Issues involved: The judgment involves the quashing of an order passed by a Metropolitan Magistrate in a Domestic Violence Application under The Protection of Women from Domestic Violence Act, 2005. The issues include the availability of a site plan for the shared household, the right of the complainant to stay at the shared household, and the alternative remedies provided under the Act for alteration or appeal.Availability of Site Plan and Right to Stay:The impugned order directed that the complainant not be dispossessed from the shared household at the matrimonial house. The order specified the address of the shared household as F-304, Mansarover Garden, Ramesh Nagar, New Delhi. The complainant was residing with her parents and had requested to stay at the shared household. The Protection Officer, with the assistance of the concerned SHO, was directed to ensure compliance with the order by a specified date.Provisions of The Protection of Women from Domestic Violence Act, 2005:The judgment highlighted the provisions of Sections 25 and 29 of the Act. Section 25 allows for the alteration, modification, or revocation of protection orders based on changes in circumstances, upon application by the aggrieved person. Section 29 provides for an appeal to the Court of Session within thirty days from the date the order is served on the aggrieved person or respondent.Maintainability of the Petition:The judgment emphasized that under the Act, there are specific remedies available, such as appeal or modification of orders. It cited judicial decisions stating that when a special remedy is provided by a statute, that remedy must be availed of. As the petitioner had not utilized the alternative remedies under the Domestic Violence Act and directly approached the High Court under Article 227 of the Constitution of India and Section 482 Cr.P.C., the petition was deemed misconceived and not maintainable. The petition was dismissed with costs imposed on the petitioner.Costs and Compliance:The petitioner was directed to deposit the costs with the trial court within one month from the date of the order. Failure to comply would result in the trial court recovering the costs in accordance with the law. A copy of the judgment was to be sent to the trial court promptly for further action.