1. Rule, returnable forthwith.

2. The parties are wife and husband. The Petitioner (wife) has filed a Petition for divorce against the Respondent (husband) under Section 10 of the Indian Divorce Act, 1869. The Petitioner has taken out a Petition for the protection of herself and her child under Sections 18, 19, 20, 21 and 22 of the Protection of Women From Domestic Violence Act, 2005 (DV Act). An order came to be passed under the DV Act on 19.7.2008. That order is stated to have been breached. The Petitioner took out an application under Section 31 of the DV Act upon violation of the order. The Family Court rejected the application on the ground that it did not have jurisdiction to pass any order under Section 31 of the DV Act. The Court also refrained from exercising its inherent powers under Section 151 of the Code of Civil Procedure (CPC). Section 31 of the DV Act lays down penalty for breach of protection of the order by the Petitioner. Section 31 of the DV Act runs thus:-

31. Penalty for breach of protection order by respondent: (1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punis