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IN THE HIGH COURT OF DELHI AT NEW DELHI
Neena Bansal Krishna
Niharika Ghosh @ Niharika Kundu, W/o Sh. Shankar Ghosh – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT :
Neena Bansal Krishna, J.
1. Criminal Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ' BNSS ') [corresponding to Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C)], has been filed on behalf of the Petitioner/Niharika Ghosh @ Niharika Kundu against impugned Order dated 24.01.2025 passed by learned ASJ, South District, Saket Courts, New Delhi upholding the Order of learned MM dated 29.04.2024 in CC No.391/2023, dismissing the Complaint under Section 31 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'DV Act') for committing breach of the Protection Order dated06.02.2020.
2. Briefly stated, the Petitioner/Niharika Ghosh @ Niharika Kundu got married to Respondent No.2/Shankar Ghosh on 21.04.2014 according to Hindu rites, customs and ceremonies. According to the Petitioner, various dowry/Istridhan articles including much gold jewellery, other valuable goods and cash as demanded by Respondent No.2, Respondent No.3/Sandhya Ghosh and their family members, were given. Rs.12,00,000/- were spent on the marriage, despite which Respondent Nos.2 and 3 and their family members were not ha
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....
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 31 of the Domestic Violence Act applies only to breaches of protection orders under Section 18, not to maintenance orders under Section 20.
Section 20(d) authorises a Magistrate to grant maintenance for aggrieved person as well as her children.
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....
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.
Protection order does not include order of granting monetary relief of maintenance under Section 20 of D.V. Act, 2005.
An interim order preventing a woman from being dispossessed from a shared household qualifies as a protection order under the Domestic Violence Act, enforceable under Section 31.
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