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2017 Supreme(MP) 930

HEMANT GUPTA, VIJAY KUMAR SHUKLA
Surya Prakash – Appellant
Versus
Rachna – Respondent


Advocates Appeared:
For the Petitioner:Shri Amit Seth, Advocate as Amicus Curiae.
For the Respondent:Shri D.K. Dixit, Advocate as Amicus Curiae.

ORDER :

HEMANT GUPTA, CJ.

1. The present petition has been placed before this Bench in view of the reference made by the learned Single Bench on 11.09.2015 for the opinion on the following questions:-

“(i) Whether non-payment of maintenance allowance can be treated to be a breach of 'protection order' or 'interim protection order'? If it is not a breach of said orders, whether Section 31 of the DV Act can be invoked?

(ii) Whether any other breach of any provision of the DV Act, which does not fall within the ambit of 'protection order' or 'interim protection order', can be a basis to invoke Section 31 of the Act?

(iii) Whether the order passed in Sunil @ Sonu vs. Sarita Chawla (Smt.), reported in 2009 (5) MPHT 319, is in accordance with the scheme of DV Act?”

2. None appeared for the parties on number of dates and, therefore, amicus were appointed to decide the important questions of law arising from the order passed by the learned Single Bench.

3. The brief facts leading to the present petition are that the respondent-wife filed a petition under the Protection of Women from Domestic Violence Act, 2005 (for short “the Act”) against her husband inter alia on the ground that her marriage to







































































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