Mini Shanmughan v Shanmughan, 2012 (4) KLJ1
The wife filed an application u/s 12 of the DV Act against her husband seeking residence orders and maintenance for herself and her children..The magistrate passed an injunction to the husband from dispossessing the wife from the house and directed him to pay an amount of Rs.5,000/- p.m. to the wife. The husband failed to comply with the orders, so the wife moved an application for its enforcement. The magistrate turned down the application by order holding that in a proceeding under the DV Act, he has no jurisdiction to enforce the order awarding interim maintenance. Aggrieved, the wife approached the High Court u/s 482 of the CrPC.
Allowing the petition, the Kerala High Court held that the magistrate has power to be governed by the CrPC u/s 28 of the DV Act and hence if there was non-compliance of the order by the party the magistrate has to execute such order following the procedure under section 125(3) of the Code.