The Karnataka High Court recently ruled in Renuka v. Yelaguresh that orders issued under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (DV Act) can be enforced in the same way that orders issued under Section 125 of the Code of Criminal Procedure (Order for maintenance of wives, children, and parents) can.
The petitioner had submitted a request for numerous reliefs under Section 12 of the DV Act. After hearing the parties, the Magistrate ordered the respondent (petitioner’s husband) to pay her a monthly allowance of 7,000 dollars as well as $10,000 to cover the litigation costs.
The petitioner filed a writ petition in the High Court after the respondent failed to comply with the decision and Justice HT Narendra Prasad’s ordered ,”It is obvious from a combined reading of Sections 12 and 20 of the DV Act, as well as Rule 6(5) of the Rules, that an order issued under Section 12 of the Act can be enforced in the same way as an order issued under Section 125 of the Cr.P.C.”
The Court then pointed out that Section 12 of the DV Act requires an aggrieved person, a Protection Officer, or any other person acting on behalf of the aggrieved person to make an application with a Magistrate seeking one or more reliefs under the Act.
The Court dismissed the application after observing the language inserted in Section 125 of the CrPC, saying, “It is clear from the above provisions that the parties must file an application before the jurisdictional Magistrate for enforcement of an order made under Section 12 of the DV Act, and the Magistrate may, for every breach of the order, issues a warrant for levying the amount due in the manner provided for levying fines and may sentence such person.”