KARNATAKA HC- SECTION 12 OF DV ACT NOT BARRED BY SEC 468 OF Cr.P.C

19th May

The petitioner and the respondent-husband and wife respectively.  

The respondent filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the petitioner before the trial Court.  The trial Court awarded Rs.8,000/- per month to the respondent.  The petitioner challenged the said order of the trial Court. Further, the First Appellate Court directed to transmit the amount of Rs.4,32,000/- to the trial Court with a further direction to the trial court to release the said amount to the respondent. 

The respondent filed an application seeking the release of the said amount. The petitioner opposed the application on the ground that the petition was filed 10 years from the date of the alleged domestic incident, therefore the petition itself was not maintainable. Therefore section 468 of Cr.P.C. is applicable (Bar to taking cognizance after lapse of the period of limitation). 

The Karnataka HC noted and said that Section 468 of Cr.P.C. comes into the picture only if there is an offence. If there is no offence, no limitation. Thus in Section 12 of the DV Act, if domestic violence is not called or treated as an offence, it speaks of the Court granting relief and not of conviction and sentence. Section 12 of the DV Act is only a provision to initiate an enquiry to find out whether such an act is committed. 

The HC court directed the trial Court to release Rs.4,32,000/- to the respondent and rejected the submissions of the petitioner accordingly.