Statutory remedy under Domestic Violence Act bars direct High Court petition where alteration and appeal provisions exist.

Where the Protection of Women from Domestic Violence Act, 2005 provides specific remedies for alteration, modification, revocation and appeal, the High Court will ordinarily not entertain a petition under Article 227 read with Section 482 of the CrPC. The Act's statutory scheme under Section 25 and Section 29 was treated as an effective alternative mechanism, and the petitioner's direct approach without first exhausting those remedies rendered the petition not maintainable. The challenged order was therefore left undisturbed and the petitioner was relegated to the remedies under the special statute.

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Issues: Whether the petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure was maintainable in view of the statutory remedies of modification, alteration, revocation and appeal provided under the Protection of Women from Domestic Violence Act, 2005.

Analysis: The statutory scheme of the Protection of Women from Domestic Violence Act, 2005 expressly provides for alteration, modification or revocation of orders by the Magistrate under Section 25 and for an appeal to the Court of Session under Section 29. Where such specific remedies are available, recourse to the supervisory jurisdiction of the High Court is ordinarily not maintainable. The petitioner had not availed the available remedies under the Act and had approached the High Court directly against the Magistrate's order.

Conclusion: The petition was not maintainable and was dismissed.

Final Conclusion: The order under challenge was left undisturbed, and the petitioner was relegated to the remedies provided by the special statute.

Ratio Decidendi: When a special statute provides an effective mechanism for alteration and appeal against an order, the High Court will not ordinarily entertain a petition under its supervisory or inherent jurisdiction.

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