NDLI: Kamatchi Vs. Lakshmi Narayanan

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Protection of Women from Domestic Violence Act 2005 – ss.12 and 31 –
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Protection of Women from Domestic Violence Act, 2005 – ss.12 and 31 – Proceedings arising out of application of appellant-wife u/s.12 of the Act in the year 2018 seeking protection in terms of ss.17 and 18 of the Act – Petition of respondent-husband u/s.482 CrPC – High Court quashed the proceedings on ground of limitation holding that ss.28 and 32 of the Domestic Violence Act r/w r.15(6) of the Domestic Violence Rules, made the provisions of Criminal Procedure Code applicable and therefore, appellant ought to have filed application u/s.12 of the Act within period of one year from date of the incident and since appellant had left the matrimonial home in the year 2008, the application was abuse of process of the court – Whether the application preferred u/s.12 of the Act was rightly considered by the High Court for reckoning the period of limitation – Held: The provisions of the Act contemplate filing of an application u/s.12 to initiate the proceedings before the concerned Magistrate – After hearing both sides and after taking into account the material on record, the Magistrate may pass an appropriate order u/s.12 of the Act – It is only the breach of such order which constitutes an offence as is clear from s.31 of the Act – Thus, if there be any offence committed in terms of the provisions of the Act, the limitation prescribed u/s.468 CrPC will apply from the date of commission of such offence – By the time an application is preferred under s.12 of the Act, there is no offence committed in terms of the provisions of the Act and as such there would never be a starting point for limitation from the date of application u/s.12 of the Act – Such a starting point for limitation would arise only and only after there is a breach of an order passed u/s.12 of the Act – On facts, the High Court wrongly equated filing of an application u/s.12 of the Act to lodging of a complaint or initiation of prosecution – The High Court was in error in observing that the application u/s.12 of the Act ought to have been filed within a period of one year of the alleged acts of domestic violence – Respondent-husband to file his response before the Magistrate within two weeks and the matter be thereafter considered by the Magistrate in terms of the provisions of the Act – Limitation – Code of Criminal Procedure, 1973 – ss. 468, 482 – Protection of Women from Domestic Violence Rules 2006.
Judge	Honble Mr. Justice Uday Umesh Lalit
Neutral Citation	2022 INSC 422
Petitioner	Kamatchi
Respondent	Lakshmi Narayanan
SCR	[2022] 5 S.C.R. 629
Judgement Date	2022-04-13
Case Number	627

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