Kerala High Court Admits Plea Seeking Framing Of Rules For Executing Orders Passed Under Domestic Violence Act

The plea was moved on behalf of the woman by the Victim Rights Centre attached to the High Court pointing out that there were no provisions in the Domestic Violence Act to ensure effective execution of orders passed under it.

Justice A. Badharudeen admitted the plea and sought instructions from the Union government in this regard. The Deputy Solicitor General took notice for the Union and the Public Prosecutor took notice for the State.

Advocate Parvathy Menon took notice on behalf of the Kerala Women's Commission and submitted that provisions have to be incorporated by the legislature to enable effective execution of orders under the Domestic Violence Act.

Regarding the execution of the order granted in favour of the petitioner, the Court stated thus:

“In the meantime, there shall be a direction to the learned Judicial First Class Magistrate-I, Kanjirappally to consider Ext.P2 and pass necessary orders to protect the interest of the petitioner by executing the order as per Ext.P1 in M.C. No.5/2021, within a period of three weeks from today or report why the order could not be executed, within a period of seven days.”

The plea stated that the petitioner was granted an interim order by the Magistrate under the Domestic Violence Act on October 07, 2023. However, she alleged that the order could not be executed in her favour since the respondents preferred an appeal against the order and there were no provisions for effective and speedy execution of the order passed under the Domestic Violence Act.

The plea stated that the Act being a beneficial legislation was enacted to protect the rights of the woman and to address issues of domestic violence with family. It was stated that the purpose of the Domestic Violence Act would be defeated if execution orders were not enforceable or executed without delay.

The plea alleged that the petitioner was unable to get the benefits of the execution order or any legal assistance under the Act since there is a lacuna in the Domestic Violence Act regarding execution of orders.

The plea stated that the government is duty-bound to incorporate provisions in the Domestic Violence Act to ensure effective execution of orders passed under it. Thus, the plea seeks directions from the Court directing the legislature to enact provisions to ensure that orders are executed to provide speedy relief to the victims. 

The matter has been posted for hearing on May 23, 2024.

Counsel for Petitioner: Advocate Leela R

Case title: Meera Raju v Union of India

Case number: WP(CRL.) NO. 376 OF 2024

Click Here To Read/Download The Interim Order