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 punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.

(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.

(3) While framing charges under sub-section (1), the Magistrate may also frame charges under section 498 A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.

(Emphasis supplied)

3. Section 31, therefore, lays down the specific procedure to be followed giving jurisdiction to the Magistrate who had passed the order to punish for breach of any protection order which is specified to be an offence committed by the party breaching the order under the DV Act. That offence is punishable as mentioned in the section. The orders under Sections 18, 19, 20, 21 and 22 may be passed by a Magistrate or by a Civil or Criminal Court under Section 26 of the DV Act where a proceeding was initiated before such Court. Section 26 of the DV Act runs thus:-

26. Relief in other suits and legal proceedings:-(1) Any relief available under sections 18, 19, 20, 21 and 22 may also be sought in any legal proceeding, before a civil court or a criminal court, affecting the aggrieved person and the respondent whether such proceeding was initiated before or after the commencement of this Act.

(2) Any relief referred to in sub-section (1) may be sought for in addition to and along with any other relief that the aggrieved person may seek in such suit or legal proceeding before a civil or criminal court.

(3) In case, any relief has been obtained by the aggrieved person in any proceedings other than a proceeding under this Act, she shall be bound to inform the Magistrate of the grant of such relief.

Consequently, therefore, though initial application is required to be made before a Magistrate for obtaining orders and reliefs under Section 12 of the DV Act, if a legal proceeding is already filed in a Civil or a Criminal Court affecting the aggrieved person and the Respondent, relief under Sections 18, 19, 20, 21 and 22 could be granted by such Civil or Criminal Court.

4. The Family Court follows the procedure laid down in the CPC under Section 10(1) of the Family Courts Act, 1984. Section 10(1) runs thus:

10. Procedure generally.- (1)Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908 (5 of 1908) and of any other law for the time being in force shall apply to the suits and proceedings other than the proceedings under Ch