AI Overview...
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Protection Order (Section 18) - The primary relief under the Domestic Violence Act (DV Act) is the protection order issued under Section 18, which aims to prevent acts of domestic violence and can include provisions such as access to shared household, residence, and restraining orders. These protection orders are the main instrument for safeguarding the victim Vijayakumari vs Jayakumar - Kerala, Vincent Shanthakumar VS Christina Geetha Rani - Karnataka, Vijayakumari vs Jayakumar Jj Nivas - Kerala, VIJAYAKUMARI vs JAYAKUMAR - Kerala.
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Section 31 - This section pertains specifically to the breach of protection orders, criminalizing violations and prescribing penalties. It does not encompass other orders like maintenance or residence unless explicitly linked to the protection order breach. Several sources clarify that Section 31 addresses breaches of protection orders but does not extend to breaches of maintenance or access orders unless they are part of the protection order Ganesh Moharana VS Sabitri Moharana - Orissa, S. Amalraj VS State rep. by Inspector of Police - Madras, Surya Prakash VS Rachna - Madhya Pradesh, SUNEESH Vs STATE OF KERALA - Kerala.
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Inclusion of Other Orders - While Section 31 primarily deals with breaches of protection orders under Section 18, some interpretations suggest that protection orders can include provisions related to maintenance and access, and breaches of these specific provisions may also fall under Section 31. However, the core focus remains on protection orders rather than other reliefs Vijayakumari vs Jayakumar - Kerala, Surya Prakash VS Rachna - Madhya Pradesh.
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Summary - Section 31 of the DV Act is specifically concerned with the breach of protection orders issued under Section 18. It does not explicitly include protection of other reliefs such as maintenance or residence unless these are incorporated within the protection order. The main emphasis is on penalizing violations of protection orders to ensure enforcement and compliance Ganesh Moharana VS Sabitri Moharana - Orissa, S. Amalraj VS State rep. by Inspector of Police - Madras.
Conclusion:
Section 31 of the Domestic Violence Act primarily addresses the breach of protection orders issued under Section 18. It does not explicitly include protection or breach of other reliefs like maintenance or residence orders unless they are incorporated within the protection order itself.
Search Results for "Section 31 of Domestic Violence Act Includes only Protection Order"
2024 0 Supreme(Ker) 1712 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
Section 12 of the DV Act seeking appropriate orders against her husband and his brother and to restrain them from committing domestic violence against her. ... Therefore if the order directs prohibition of the commission of any act of domestic violence, such an order can also take within its fold, the provision for access to shared household as per section 18(a). ... to the dependants, other relatives or any person....
2014 0 Supreme(Kar) 311 • India - Karnataka
K.N.PHANEENDRA
PROTECTION OF WOMEN FROM DOMESTIC VIOLANCE ACT, 2005 - Sections 18, 23, 31, 36: [K.N. ... Phaneendra, J] Interim maintenance -Domestic Violence as defined under Section 3 of the Act includes an economic abuse. ... order to pass order under Section 18 also there should be a domestic violence. ... Sec....
2017 0 Supreme(Ori) 131 • India - Orissa
B.K.NAYAK
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 - Sec. 31(1) - Cognizance under - Quashing of - Offence under the section is ... limited to the breach of interim or final protection order by the respondent - It does not specifically include within its fold ... the breach of order of maintenance or accommodation - Protection order is envisaged u/s. 18 of the Act - Action of the Respondents ... Protect....
2023 0 Supreme(Mad) 2965 • India - Madras
K. K. RAMAKRISHNAN
not amount to a breach of the protection order under Section 31 of the DV Act. ... Maintenance - Protection Order - Sections 31, 18 of the DV Act - Summary Fact of the Case: The petitioner sought ... Issues: The main issue was whether non-payment of maintenance amount constituted a breach of the protection order under Section ... It includes ....
2017 0 Supreme(MP) 930 • India - Madhya Pradesh
HEMANT GUPTA, VIJAY KUMAR SHUKLA
maintenance allowance - Domestic Violence Act - 18, 20, 31 - The court discussed the provisions of the Domestic Violence Act, ... Sections 18, 20, and 31, and the definition of domestic violence under the Act. ... order under Section 18 of the Act, and therefore, proceedings under Section 31....
2024 0 Supreme(Ker) 605 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS
PROTECTION ORDER - Domestic Violence - Protection of Women from Domestic Violence Act, 2005 (DV Act) - Section ... 18, Section 31 - The court discussed the nature of the order dated 23.07.2022 and concluded that it qualifies as a protection order ... under Section 18 of the DV Act, entitling the Magistrate to take cognizance under Sec....
2018 0 Supreme(Bom) 1306 • India - Bombay
BHARATI H.DANGRE
Criminal Procedure Code, 1973 - Section 401, 156(3) - Domestic Violence Act - Section 31, 32 and Rule 15 ... 31 and he is directed to proceed in terms of Section 31 and 32 of Domestic Violence, Act, 2005 is directed to follow procedure prescribed ... in Chapter V of Domestic Violence Act 2005 along with Rule 15 of Do....
2024 Supreme(Online)(KER) 7764 • India - High Court of Kerala
BECHU KURIAN THOMAS, J
Domestic Violence - Protection of Women from Domestic Violence Act, 2005 - Sections 18, 19, 31 - Interim Order Restraining Dispossession ... If the order of the court prohibits the commission of any act of domestic violence, such an order can also take within its fold the ... , the order qualified as a protection order under Section#H....
2022 Supreme(Online)(KER) 57064 • India - High Court of Kerala
A. BADHARUDEEN, J
), 20 (Monetary Reliefs), and 31 (Penalty for Breach of Protection Order) of the Domestic Violence Act, determining that non-payment ... Maintenance - Domestic Violence - DV Act Section List - The court analyzed the provisions under Sections 18 (Protection Orders ... Ratio Decidendi: The court held that the penalties under Section 31 of the #H....
2025 0 Supreme(Kar) 169 • India - IN THE HIGH COURT OF KARNATAKA AT BENGALURU
SHIVASHANKAR AMARANNAVAR
Section 18 of the Act deals with protection orders when the Court is satisfied that domestic violence has taken place or likely to take place, protection order in favour of aggrieved person can be passed. Section 20 , custody orders under Section 21 or compensation order under Section 22. 19. The Learned Magistrate has relied on Rule 15(7) of Protection of Women from D....
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