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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SHIVASHANKAR AMARANNAVAR
Roopa B.C. W/o Tharesh – Appellant
Versus
Tharesh S/o Byregowda – Respondent
ORDER :
1. This revision petition is directed against the judgment dated 19.12.2017 passed in Crl.A. No. 15003/2007 by V Additional District and Sessions Judge, Devanahalli, Bengaluru Rural district whereunder order dated 28.01.2017 passed in PCR No. 316/2016 by Principal Civil Judge and J.M.F.C. Devanahalli, convicting respondent - accused and sentencing him to undergo simple imprisonment for 6 months or to pay fine of Rs.20,000/- payable to the petitioner came to be set aside.
2. Heard learned counsel for petitioner and learned counsel for respondent.
3. Facts in brief are that, the petitioner - complainant filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the `D.V. Act’) seeking monthly maintenance of Rs.20,000/- and Rs.15,00,000/- towards marriage expenses, to return the gold jewelry and other reliefs. Along with the main petition, petitioner had also filed an application under Section 2 3(2) of the D.V. Act seeking interim maintenance of Rs.20,000/- per month for herself and for the child. After service of notice, respondent appeared through his counsel and sought time for filing objections. On 22.11.2014, le
Non-payment of maintenance under the D.V. Act does not fall within penal provisions of Section 31, which strictly applies to violations of protection orders under Section 18.
Violation of monetary orders under the Protection of Women from Domestic Violence Act does not constitute an offence under Section 31, which applies only to breaches of protection orders.
(1) Breach of protection order – Section 31 of D.V. Act.applies only to breach of protection orders mentioned in Section 18 and not to residence orders mentioned in Section 19, monetary reliefs menti....
Section 20(d) authorises a Magistrate to grant maintenance for aggrieved person as well as her children.
Section 31 of the Domestic Violence Act applies only to breaches of protection orders under Section 18, not to maintenance orders under Section 20.
Protection order does not include order of granting monetary relief of maintenance under Section 20 of D.V. Act, 2005.
An order for maintenance under the Jammu and Kashmir Protection of Women from Domestic Violence Act is not a protection order and must be enforced under the provisions of the J&K Cr.P.C., specificall....
A directive ensuring basic amenities does not qualify as a protection order under the Protection of Women from Domestic Violence Act, thus its breach is not actionable under the associated penal prov....
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