Prosecution u/s 31 of Domestic Violence Act is not maintainable for breach of order of grant of maintenance

Prosecution u/s 31 of Domestic Violence Act is not maintainable for breach of order of grant of maintenance

Mr Francis Cyril C Cunha vs Smt Lydia Jane D'cunha

Karnataka HC

18/12/2015

2016 ALLMR(CRI)JOURNAL332; Criminal Revision Petition No. 758 of 2015

About/from the judgment:

Prosecution u/s 31 of Domestic Violence Act is not maintainable for breach of order of grant of maintenance!

 

On a plain reading of Section 18 in the light of definition found under Section 2(o), it could be definitely said that the order of granting maintenance does not amount to "protection order" and violation of the same will not attract the provisions of Section 31 of the above Act.

 

Hon'ble High Court of Rajasthan had an opportunity to discuss the applicability of the provisions of Section 31 of the above Act in regard to the noncompliance of the order relating to the non-payment of arrears of maintenance. What is held by the Hon'ble High Court of Rajasthan is that breach of order of monetary relief will not pave way to prosecute the husband. It is made clear that section 31 of the Act does not include monetary relief.

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