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SHIVASHANKAR AMARANNAVAR
Mohammed Yaseen Naikwadi, S/o Abdulla Naikwadi – Appellant
Versus
Aneesa Mohammed Yaseen Naikwadi – Respondent
ORDER
This petition is filed praying to quash the proceedings in C.C.No.01/2022 pending on the file of the IV-JMFC, Belagavi.
2. Heard learned counsel for the petitioner. None appears for the respondents this day and on the previous date.
3. Respondent Nos.1 and 2 have filed a private complaint No.219/2017 against this petitioner alleging that the petitioner herein has made breach of protection order by not paying maintenance amount as per the order dated 29.07.2015 passed in Crl.Misc.No.306/2015 and committed offence punishable under Section 31 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as D.V. Act, for brevity). The learned Magistrate has recorded sworn statement of respondent No.1 and registered criminal case against this petitioner by order dated 12.01.2022 for offence punishable under Section 31 of the D.V. Act. Based on the said order case came to be registered against this petitioner in C.C.No.1/2022 pending on the file of the IV JMFC, Belagavi. The petitioner has sought for quashing of proceedings in C.C.No.1/2022.
4. Learned counsel for the petitioner would contend that alleged violation of order passed by the learned Magistrate is
Protection order does not include order of granting monetary relief of maintenance under Section 20 of D.V. Act, 2005.
Section 31 of the Domestic Violence Act applies only to breaches of protection orders under Section 18, not to maintenance orders under Section 20.
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.
Section 20(d) authorises a Magistrate to grant maintenance for aggrieved person as well as her children.
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....
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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