Application of Section 468 to Section 12 of the Domestic Violence Act is clearly a misconception: HC

The section 468 of Criminal Procedure Code is applicable only when the alleged act is an offence. Section 12 of the Domestic Violence Act is not covered under the term offence; hence, Section 468 of Criminal Procedure Code is not applicable. Even Sections 20 and 21 of the Domestic Violence Act do not treat the domestic violence as offence. In Vikas’s case it’s stated that the act or omission contemplated under Section 31 of the Domestic Violence Act is an offence and the application under Section 12 of the Domestic Violence Act itself is not an offence.

SRI PUTTARAJU VS SMT.SHIVAKUMARI

Criminal Revision Petition No.730/2019

April 1, 2021

The Hon’ble Mrs. Justice K.S.Mudagal has decided the present case. The petition and respondent are husband and wife. The respondent filed a case before the trial court under section 12 of Domestic Violence Act, 2005 seeking monetary relief and custody order as contemplated under Sections 20 and 21 of the Domestic Violence Act, 2005. The trial Court awarded Rs.8, 000/- per month to the respondent and her children as maintenance and house rent. The petitioner was also restrained from taking away the children from her custody and committing domestic violence. The petitioner challenged the order before the Additional District & Sessions Judge; the court directed the petitioner to deposit Rs.4, 32, 000/- towards arrears of maintenance. The Court dismissed the appeal and confirmed the order of the trial Court. The Court directed the trial Court to release the amount deposited to the respondent. The petitioner has further raised an appeal before the High Court at Bangalore.

The learned counsel on behalf of the petitioner states that the petition was filed 10 years from the date of domestic incident and it wasn’t maintainable. The learned counsel for the respondent states that limitation on the ground that section 468 of Criminal Procedure Code is application only to section 31 of Domestic Violence Act and not to section 12 of Domestic Violence Act t filed for the reliefs under Sections 20 and 21 of Domestic Violence Act.

The section 468 of Criminal Procedure Code is applicable only when the alleged act is an offence. Section 12 of the Domestic Violence Act is not covered under the term offence; hence, Section 468 of Criminal Procedure Code is not applicable. Even Sections 20 and 21 of the Domestic Violence Act do not treat the domestic violence as offence. In Vikas’s case it’s stated that the act or omission contemplated under Section 31 of the Domestic Violence Act is an offence and the application under Section 12 of the Domestic Violence Act itself is not an offence.

In Krishna Bhattacharjee’s case, it was held that the definition of the aggrieved person and domestic relationship remains and the act of domestic violence attracts the term ‘continuing offence’, therefore does not get time barred. In consideration with the Krishna Bhattacharjee’s case the court can’t follow the judgments of Srinivas’s case and Gurudev’s case. Therefore, the petitioner does not find any merit in the contention regarding time barred. The respondent is entitled for withdrawal of the amount. The learned Counsel for the petitioner submits that trial Court awarded Rs.4, 32, 000/- as maintenance to the respondent including the child. The counsel submits only respondent share shall be released to her. The court concluded that the trial Court has not made any such apportionment. The Court rejected the appeal.

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Shantha Gopika R