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2017 Supreme(MP) 80

ALOK VERMA
Mahendra – Appellant
Versus
State of M. P. – Respondent


Advocates:
Ms. Kashu Mahant for applicant; Peeyush Jain for respondent/State; Ms. Swati Ukhale for respondent No.2

ORDER

1. This is an application under section 482 CrPC.

2. The brief facts necessary for disposal of this application are that respondent No.2, who is wife of the present applicant, filed an application under section 31 of The Protection of Women from Domestic Voilence Act, 2005 (hereinafter referred as Act), on 15.7.2013, to compel the applicant to obey the order passed by learned Magistrate in Miscellaneous Judicial Case No.31/2013 dated 15.7.2013, by which the learned Magistrate ordered him to pay Rs.1,500/- per month as monetary relief to respondent No.2. When the present applicant failed to pay the amount, the aforesaid application under section 31 of the Act was filed.

3. The learned Magistrate by impugned order dated 15.3.2014 took cognizance under section 31 of the Act, and ordered that bailable warrant be issued against the present applicant.

4. Aggrieved by this order, present application is filed on the grounds inter alia that under section 31 violation of any protection order issued under section 18 of the Act is an offence and so far as the monitory relief is concerned, which is granted under section 20 of the Act, action cannot be taken against the present applicant un












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