V.v.Lakshmanan v. Geetha
Case brief
What is this about?
The High Court held that a distress warrant issued under the DV Act for maintenance cannot be quashed under Section 482 Cr.P.C. The Court noted the main maintenance application was pending trial and directed disposal before issuance of distress warrant.
What did the court decide?
The Crl.M.C. was closed as the distress warrant could not be quashed under Section 482 Cr.P.C.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID
THURSDAY, THE 10TH DAY OF DECEMBER 2015/19TH AGRAHAYANA, 1937
Crl.MC.No. 7245 of 2015 ()
Crl.MC 3452/2015 of HIGH COURT OF KERALA
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PETITIONER/HUSBAND/ RESPONDENT IN Crl.M.P.:
V.V.LAKSHMANAN, S/O.VENKITESWARAN FLAT NO.G2, GROUND FLOOR, NATARAJ HOMES DOOR NO.17, PLOT NO.7, BHARATHI STREET RAMA NAGAR, AMPATTUR, CHENNAI - 400 053.
BY ADV. SRI.C.A.RAJEEV
RESPONDENTS/COMPLAINANT & STATE:
1. GEETHA, LAKSHMI NIVAS, PANANTHODI EAST CHOKKANATHAPURAM P.O., PALAKKAD - 678 005.
Issues for consideration
3 issues framed by the court
Whether the High Court can quash a distress warrant issued under the Protection of Women from Domestic Violence Act by invoking its inherent powers under Section 482 Cr.P.C.
Whether the maintenance application under the DV Act is pending disposal at the lower court.
Whether the relief sought by the petitioner can be granted given the status of the main proceedings.
Parties & counsel
- petitioner
V.V.LAKSHMANAN
- respondent
GEETHA
Coram
P. UBAID
Case details
As recorded by the court registry
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