Narayan Dutt Sharma v. Rameshwari Sharma
Protection of Women From Domestic Violence Act, 2005 – Interim maintenance under Section 23
Case brief
What is this about?
Himachal Pradesh High Court, CMPMO No. 621 of 2024, decided 11.3.2025 by Satyen Vaidya, J. Narayan Dutt Sharma v. Rameshwari Sharma. Article 227 petition against interim maintenance of Rs. 15,000/- per month under Section 23 of the Protection of Women From Domestic Violence Act, 2005 (JMFC, Court No.5, Shimla, Case No. 15 of 2024) dismissed: Section 29 appeal before the Court of Sessions was the available remedy and was not availed; harassment alleged since 2000 with complaint filed in 2024 constitutes a continuing wrong, so the Magistrate's cognizance was not without jurisdiction despite the Act being enforced in 2006.
What did the court decide?
The respondent's complaint alleging harassment since 2000, with the petition filed in 2024, is a complaint against a continuing wrong; therefore the cognizance taken by the learned Magistrate cannot be said to be without jurisdiction, and this Court in exercise of its restrictive supervisory powers under Article 227 of the Constitution will not examine the merits of the Magistrate's order.