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A. BADHARUDEEN
Suneesh, S/o. Subramanian – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Annexure-A1 final report in C.C.No.1483/2019 on the file of the Additional Chief Judicial Magistrate (E.O), Ernakulam, sought to be quashed in this petition filed under Section 482 of the Code of Criminal Procedure (hereinafter referred to as `Cr.P.C' for short). The petitioner herein is the accused in the above case. Respondents herein are the State of Kerala as well as the defacto complainant in the above case.
2. Heard the learned counsel Advocate James Abraham, appearing for the petitioner and the learned counsel appearing for the 2nd respondent.
3. The question arises for consideration is, whether non payment of maintenance allowance in refusal to pay the same based on a monetary relief granted under Section 20 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as `D.V Act' for convenience) would amount to breach of protection order and for which, penal proceedings under Section 31 of the D.V Act can be invoked?
4. The crux of the dispute is that in an application filed under Section 12 of the D.V Act filed by the 2nd respondent, who is the mother of the petitioner herein, the learned Magistrate Court directed the petitioner herein to pay
Section 20(d) authorises a Magistrate to grant maintenance for aggrieved person as well as her children.
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.
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....
The protection order under the D.V. Act does not include the order of granting monetary relief of maintenance under Section 20 of the D.V. Act.
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.
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