{"id":329859,"date":"2024-09-02T16:30:51","date_gmt":"2024-09-02T11:00:51","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=329859"},"modified":"2024-09-06T09:51:03","modified_gmt":"2024-09-06T04:21:03","slug":"magistrate-can-grant-interim-residence-order-before-trial-if-plea-prima-facie-discloses-domestic-violence-jk-high-court-scc-times","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2024\/09\/02\/magistrate-can-grant-interim-residence-order-before-trial-if-plea-prima-facie-discloses-domestic-violence-jk-high-court-scc-times\/","title":{"rendered":"Magistrate can grant interim Residence Order before Trial if plea Prima Facie discloses Domestic Violence: J&K High Court"},"content":{"rendered":"
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Jammu and Kashmir High Court:<\/span> In a petition challenging the Session Court’s order setting aside the Magistrate court’s order to respondent (husband) to provide safe and secure residence to the petitioner (wife) in the shared household, a single-judge bench of Sanjay Dhar, J., affirmed the Magistrate’s authority to pass interim residence orders under Section 23 of the DV Act to ensure immediate relief to the aggrieved person and restored the Magistrate court’s order granting the residence order.<\/p>\n

Factual Matrix<\/p>\n

In the instant matter, the petitioner filed a petition under Section 12<\/a> of the Protection of Women from Domestic Violence Act, 2005<\/a> (DV Act) before the Judicial Magistrate 1st Class and sought relief for alleged verbal, emotional, and physical violence by her husband (respondent) and requested monetary compensation and residential accommodation. The Magistrate court granted an ex-parte interim order on 16-07-2021 under Section 23 of the DV Act, directing the respondent to provide the petitioner with accommodation and protection.<\/p>\n

The respondent appealed against this order, but the appeal was dismissed by the Principal Sessions Judge, vide order dated 06-08-2021, however, respondent was given the liberty to seek modification of the order from the Magistrate. The respondent then filed objections before the Magistrate court, who vide order dated 07-12-2021, declined to grant interim monetary compensation but directed the respondent to provide safe and secure residence to the petitioner in the shared household.<\/p>\n

The respondent appealed again to the Principal Sessions Judge, Kupwara, where the Court vide order dated 14-12-2022 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<\/a> of the DV Act<\/a>. Aggrieved by the Principal Sessions Judge’s order dated 14-12-2022, the petitioner preferred the present petition challenging the same.<\/p>\n

Moot Point<\/p>\n

    \n
  1. \n

    Whether a Magistrate can pass an interim residence order under Section 23<\/a> of the DV Act<\/a> before the final disposal of the main petition under Section 12<\/a> of the DV Act<\/a>?<\/p>\n<\/li>\n

  2. \n

    At what stage can an interim order be passed by a Magistrate in the exercise of his powers under Section 23<\/a> of the DV Act<\/a>?<\/p>\n<\/li>\n<\/ol>\n

    Legal Provisions<\/p>\n