How to get remedy against interim order in domestic violence case?

In cases of domestic violence (DV) under the Protection of Women from Domestic Violence Act, 2005 (PWDVA), an interim order can be passed by the Magistrate to provide temporary relief to the aggrieved person during the pendency of the case. If someone seeks a remedy against such an interim order, here are the steps they can take:

1. Appeal Against the Interim Order

Under Section 29 of the PWDVA, any party aggrieved by an order (including an interim order) passed by the Magistrate can file an appeal to the Sessions Court.

• Time Limit for Appeal: The appeal must be filed within 30 days from the date of the order.
• Steps:
  1. Draft an appeal petition with the help of a lawyer.
  2. File the appeal in the Sessions Court with the requisite fees and documents, including a certified copy of the interim order.
  3. Attend hearings where both parties will present their arguments.

2. Challenge on Legal or Procedural Grounds

If the interim order is perceived to be:

• Beyond the Jurisdiction: For instance, if the Magistrate granted relief not permissible under the Act.
• Based on Insufficient Evidence: If the order was passed without adequate grounds or contrary to law.
• Violation of Principles of Natural Justice: If the order was passed without giving the respondent a fair opportunity to present their case.

The affected party can include these grounds in the appeal.

3. Seek Revision

If there is an issue with the legality or propriety of the interim order, the respondent can file a revision petition in the High Court under Section 397 of the Criminal Procedure Code (CrPC).

4. Stay on Interim Order

While the appeal or revision petition is pending, the respondent can file an application for a stay of the interim order in the Sessions Court or High Court.

• Grounds for Stay:
  • Significant hardship caused by compliance with the interim order.
  • Irreparable harm or prejudice due to the order.
  • Prima facie case against the validity of the order.

5. Filing a Writ Petition (If Necessary)

In exceptional cases, the respondent can approach the High Court under Article 226 or the Supreme Court under Article 32 of the Constitution of India.

• Grounds for a writ petition:
  • Violation of Fundamental Rights.
  • Arbitrary or Mala Fide Order.
  • Lack of Jurisdiction by the Magistrate.

6. Comply Temporarily

Until the interim order is set aside or modified by a higher court, the respondent must comply with the order. Failure to comply may lead to enforcement actions or penalties under the PWDVA.

Important Considerations

• Legal Representation: Engage an experienced lawyer familiar with domestic violence cases and appellate procedures.
• Documentation: Preserve all related documents, such as the interim order, case records, and evidence to support your case.
• Timely Action: Respect the 30-day limitation period for filing an appeal.
• Alternative Dispute Resolution: If feasible, consider mediation to resolve disputes amicably.

This process ensures that both parties have an opportunity to challenge or defend the interim reliefs granted under the PWDVA while ensuring justice and fairness.

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