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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Akshay Thakur – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for quashing of FIR No. 9/2018 dated 7th January 2018 registered at the Police Station, Manali District, Kullu for the commission of an offence punishable by Section 31 of the Protection of Women from Domestic Violence Act (DV Act) 2005.
2. Briefly stated, the facts giving rise to the present petition are that the complainant, Pooja Devi, filed an application under Section 156(3) of the Criminal Procedure Code (CrPC) before learned Judicial Magistrate First Class, Manali (learned Trial Court) asserting that the learned Trial Court had directed the petitioner on 30th June 2017 to provide separate accommodation consisting of one room, one kitchen and one bathroom, compensation of Rs.10,000 and maintenance of Rs.4000 per month to the complainant. The petitioner failed to pay the arrears of maintenance and provide the accommodation as per the order. A sum of Rs.12,000 accrued as arrears of maintenance and compensation of Rs.10,000 also remained payable. The complainant requested the petitioner to pay the arrears of maintenance and compensation amount, but the petitioner failed to pay the same. Hence, it was praye
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....
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 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.
Protection order does not include order of granting monetary relief of maintenance under Section 20 of D.V. Act, 2005.
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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