J&K High Court Restores Interim Residence Order for Domestic Violence Victim

Last Updated on September 3, 2024 by Srijan Raj

A petition was filed by a woman seeking relief from her husband’s alleged domestic violence and seeking monetary compensation. The Magistrate court granted an ex-parte interim order on 16-07-2021, directing the respondent to provide her with accommodation and protection. The respondent appealed against this order but was dismissed by the Principal Sessions Judge. The respondent then filed objections, which the Magistrate court declined to grant, but directed the respondent to provide safe and secure residence in the shared household.

The respondent appealed again to the Principal Sessions Judge, Kupwara, who set aside the Magistrate court’s order and held that residence orders can only be granted after the trial of the main case under Section 12 of the DV Act. The petitioner preferred the present petition challenging the same.

The Court affirmed the Magistrate’s authority to pass an ex-parte order in favor of an aggrieved person under Section 23 of the DV Act. The Court examined Section 19 of the DV Act and noted that a residence order can be passed while disposing of the main application under Section 12 of the DV Act. However, when the provisions of Section 19 are read in conjunction with Section 23 of the DV Act, it becomes clear that final residence order can be passed by a Magistrate at the time of final disposal of the petition under Section 12 of the DV Act.

The Court held that the object of the DV Act is to provide immediate and effective relief to aggrieved persons facing domestic violence. The petitioner was deprived of her right to a shared household due to the impugned order, and therefore, the Principal Sessions Judge’s interpretation of Section 19, which led to setting aside the interim residence order, is not sustainable in law and deserves to be set aside.

The Court set aside the impugned order of the Principal Sessions Judge and restored the Magistrate court’s order dated 07-12-2021, granting the petitioner the relief of safe and secure residence in the shared household.