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2014 Supreme(Kar) 311

K.N.PHANEENDRA
Vincent Shanthakumar – Appellant
Versus
Christina Geetha Rani – Respondent


Advocates:
Advocate Appeared
(By Sri. M.B. Gundawade, Adv.)
(By Sri. Rajashekar R. Gunjalli, Adv. for Sri. C.S. Patil, Adv.)

ORDER

The present Revision Petition is filed for quashing of the entire proceedings in Criminal Misc. No. 460/2011 directing the registration of a separate Criminal Misc. case on I.A. No.VI passed by the II Additional Civil Judge and J.M.F.C., Bellary dated 14.06.2012.

2. The important and thought provoking point that arose for consideration of this Court in this case is:

“Whether the breach of an exparte interim maintenance order passed by the Court under Section 23 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter called as ‘DV Act’) is an offence under Section 31 of the said Act so as to initiate Criminal Proceedings and punishable under Section 31 of the said Act”?

3. In order to appreciate and find out whether the said provision under Section 31 which is purely penal in nature, can be invoked by the party who obtained an order under Section 23 of the DV Act, it is just and necessary to have the brief factual matrix of this case.

4. The respondents herein Smt. Christina Geetha Rani – wife and daughter of the petitioner herein have filed a complaint under Section 12 of the DV Act and also made an application for grant of interim maintenance. Vide order dat

































































































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