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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
| Table of Content |
|---|
| 1. revision petition against lower court judgment. (Para 1 , 2) |
| 2. summary of parties' claims under d.v. act. (Para 3) |
| 3. arguments regarding non-payment of maintenance. (Para 4 , 5 , 6) |
| 4. court hears parties' arguments and identifies issues. (Para 7 , 9) |
| 5. interpretation of penal provisions under d.v. act. (Para 8 , 11 , 13 , 19) |
| 6. clarification of protection and monetary orders. (Para 10 , 12 , 25 , 29) |
| 7. discussion on statutory interpretation principles. (Para 14 , 15 , 16 , 20 , 21 , 34) |
| 8. clarification of penalty provisions under section 31. (Para 17) |
| 9. principles of statutory interpretation established. (Para 18) |
| 10. court emphasizes strict interpretation of penal statutes. (Para 22 , 23 , 24 , 30) |
| 11. clarification between violation of protection orders vs monetary relief. (Para 26) |
| 12. application of 'ejusdem generis' and 'noscitur a sociis' principles. (Para 31 , 32 , 33) |
| 13. conclusion draws on various high court decisions. (Para 35 , 37 , 38) |
| 14. legislative intent behind the provision emphasizing distinction. (Para 36) |
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 S
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....
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