The Court dismissed a Criminal Miscellaneous Case seeking to quash family court proceedings under Section 125 Cr.P.C. It held that Section 36 of the Protection of Women from Domestic Violence Act, 2005, empowers the High Court to dismiss the case as it is devoid of merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 8TH DAY OF JANUARY 2016/18TH POUSHA, 1937
Crl.MC.No. 6151 of 2015
MC NO. 244/2013 OF FAMILY COURT, ERNAKULAM
PETITIONER(S)/RESPONDENT:
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BINU PAUL, AGED 41 YEARS, S/O. POULOSE, KEERAKUZHI HOUSE, KOLLAPADY KARA, VADAVUKODE VILLAGE, ERNAKULAM DISTRICT.
BY ADVS.SRI.RONALD PAUL SRI.IEANS.C.CHAMAKKALA
RESPONDENT(S)/PETITIONERS 1 TO 3:
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1. ANEESHA, AGED 40 YEARS, D/O. AUGUSTINE, KACHAPPALLY HOUSE, NAYARAMBALAM VILLAGE, ERNAKULAM DISTRICT, NOW RESIDING AT TMC NO. 3/745, VAZHAKKALA VILLAGE, ERNAKULAM DISTRICT - 682 033.
2. BINTA, AGED 11 YEARS,
3. ALANTA, AGED 8 YEARS,
4. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
R1-R3 BY ADVS. SRI.DINESH R.SHENOY
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
msv/
Crl.MC.No. 6151 of 2015
APPENDIX
PETITIONER(S)' EXHIBITS
ANNEXURE A1- TRUE COPY OF THE COMPLAINT IN M.C.NO. 65/2012 FILED BY THE 1ST RESPONDENT.
ANNEXURE A2- COPY OF THE COMPROMISE PETITION ENTERED INTO BETWEEN THE 1ST RESPONDENT AND THE PETITIONER DATED 30-12-2013.
ANNEXURE A3- COPY OF THE ORDER DATED 30-12-2013 IN M.C.NO. 65/2012 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KOLENCHERRY.
ANNEXURE A4- TRUE COPY OF M.C.NO. 244/2013 DATED 12-08-2013.
ANNEXURE A5- TRUE COPY OF THE PETITION TO SET ASIDE THE EXPARTE ORDER.
RESPONDENT(S)' EXHIBITS:
NIL
//TRUE COPY//
P.S.TO JUDGE
Ms v/
B. KEMAL PASHA, J.
Crl.M.C. No.6151 of 2015
Dated this the 8th day of January, 2016
~ ~ ~ ~ ~ ~
Petitioner has approached this Court for getting all further proceedings in MC.244/2013 of the Family Court, Ernakulam, quashed. The said proceedings were under Section 125 Cr.P.C. According to the petitioner, earlier, maintenance was ordered to the 1st respondent herein through the proceedings initiated against the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and, therefore, again, the proceedings under Section 125 Cr.P.C. cannot be resorted to by the 1st respondent. Maintenance has been sought for under Section 125 Cr.P.C. by the 1st respondent and respondents 2 and 3 herein, who are the small children.
from Domestic Violence Act, 2005, the provisions contained
Crl.M.C.6151/2015
: 2 :
in the said Act shall be in addition to, and not in derogation to the provisions of any other law by the time being in force. When there is a specific provision under Section 125 Cr.P.C., the provisions relating to maintenance as contained in the Protection of Women from Domestic Violence Act, 2005 are in addition to those provisions under Section 125 Cr.P.C. and not in derogation to those provisions. Matters being so, this Crl.M.C. is devoid of merits and it is only to be dismissed, and I do so.
In the result, this Crl.M.C. is dismissed.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/08/01
// True Copy //
PA to Judge
2 issues framed by the court
Whether a petitioner can approach the Court to quash proceedings under Section 125 Cr.P.C. when the petitioner has already sought relief under the Protection of Women from Domestic Violence Act, 2005.
Whether Section 36 of the Protection of Women from Domestic Violence Act, 2005 validates the burden of a duty of maintenance in maintenance proceedings under Section 125 Cr.P.C.
2 provisions across 2 enactments
BINU PAUL
ANEESHA
BINTA
ALANTA
STATE OF KERALA
B. KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
