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A. BADHARUDEEN
Linu Joseph, S/o. Joseph Kuttickal – Appellant
Versus
State of Kerala, Represented by Public Prosecutor, Representing SHO, Aluva West Police Station, Ernakulam – Respondent
ORDER :
A. Badharudeen, J.
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure by the accused in C.C.No.163/2022 on the files of the Judicial Magistrate of First Class-II, Aluva, and the prayers are as under;
(ii) quash Annexure -A6 order passed by the Court of the Judicial First Class Magistrate Court, Aluva-II in CMP-1203/23 in CC 163/22 dated 29.09.2023;
(iii) pass an order relaxing/ modifying the bail condition No.2 in the Annexure A2 imposed by the Hon'ble Judicial First Class Magistrate Court-II, Aluva with respect to surrendering the passport and Emergency Certificate;
(iv) Grant such other reliefs deemed fit to this Hon'ble Court;
2. Heard the learned counsel for the petitioner and the learned counsel for the additional 2nd respondent/the complainant. Also heard the learned Public Prosecutor. Perused the relevant records.
3. Here the prosecution alleges commission of offence punishable under Section 31 of the Domest
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.
(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....
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.
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.
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....
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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