38.6c New Delhi, India, Saturday, May 18, 2024
Judiciary

[Domestic Violence] Maintenance order does not amount to “protection order" holds Karnataka HC [Read Order]

By Rintu Mariam      21 December, 2023 10:58 AM      0 Comments
Domestic Violence Maintenance order does not amount to protection order holds Karnataka HC

The Karnataka High Court recently held that an order granting maintenance does not amount to “protection order” and violation of the same will not attract section 31 of the Protection of Women from Domestic Violence Act, 2005 (Penalty for breach of protection order by respondent). Under the DV Act, a protection order is passed to prohibit the respondent from committing the domestic violence and to prevent from aiding or abetting the commission of acts of domestic violence against aggrieved person or the dependents. 


“The plain reading of Section 18 of the D.V. Act in the light of definition found under Section 2(o) of the D.V.Act, 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 the section 31 of the D.V. Act”, Justice Shivashankar Amarannavar observed. 


The complainant-wife filed a private complaint against the petitioner-husband alleging that he breached the protection order by not paying the maintenance amount as per an order dated July 29, 2015. And, committed an offence under Section 31 of the Act. Hearing this, the Magistrate ruled in favour of the complainant wife. 
Challenging this, the petitioner contended that as per  Section 31(1) of the D.V. Act, it would only apply to a breach of a protection order and not to a breach of the interim maintenance order.


Noting the factual matrix and the arguments, the Court refused to accept the Magistrate’s view. 


“The approach of learned Magistrate in taking cognizance of the offence punishable under Section 31 of the D.V. Act is a glaring legal error and hence, the same will have to be set aside.”


In the present case, Section 31 of the DV Act was invoked on the ground that arrears of the maintenance were not paid and not for violation of the protection order, the Court pointed out. 


“Providing two separate reliefs, one under Section 18 of the D.V. Act for protection and another for monetary relief under Section 20 of the DV. Act, will have to be taken into consideration while analysing the scope of Section 31 of the D.V. Act. If protection order was inclusive of monetary relief of granting maintenance, Section 20 of the D.V. Act would not have been separately provided”, the Bench observed, while allowing the petitioner’s plea.

 

[Read Order]



Share this article:



Leave a feedback about this
Related Posts
View All

Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order] Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order]

Karnataka High Court clarifies that Cabinet rank status does not equate to ministerial position, dismissing a PIL challenging political appointments to Chief Minister Siddaramaiah.

Karnataka High Court Grants Protection to Journalist Sudhir Chaudhary Amid Fake News Controversy Karnataka High Court Grants Protection to Journalist Sudhir Chaudhary Amid Fake News Controversy

Karnataka High Court protects journalist Sudhir Chaudhary and Aaj Tak from coercive action over alleged 'fake news' about Karnataka government's minority scheme. Get the latest updates on this legal battle.

Ganeshotsav at Idgah Maidan: High Court Rejects Anjuman-E-Islam's Plea Against Ganesh Idol Installation Ganeshotsav at Idgah Maidan: High Court Rejects Anjuman-E-Islam's Plea Against Ganesh Idol Installation

Karnataka High Court rejects Anjuman-E-Islam's plea against Ganesh idol installation at Idgah Maidan in Hubballi. Get the latest updates on the legal battle and permissions for Ganesha festivities.

Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order] Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order]

Karnataka High Court rules that a woman engaged in adultery cannot claim maintenance, stating her dishonesty as a key factor.

TRENDING NEWS

fundamental-right-to-health-includes-consumers-right-to-be-made-aware-of-quality-of-products-sc
Trending Judiciary
Fundamental right to health includes consumers' right to be made aware of quality of products: SC [Read Order]

Right to health includes consumers' right to know product quality. Advertisers must submit self-declarations for ads to ensure transparency and accountability: SC

17 May, 2024 01:43 PM
sc-asks-ed-to-file-response-to-sorens-plea-for-interim-on-may-20
Trending Judiciary
SC asks ED to file response to Soren's plea for interim on May 20

SC asks ED to file a response by May 20 to Hemant Soren's plea for interim bail during Lok Sabha elections, with a hearing scheduled for May 21.

17 May, 2024 06:12 PM

TOP STORIES

indian-courts-this-week-law-street-journals-weekly-round-up-of-sc-hcs-may-6-may-10
Trending Judiciary
Indian Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 6 - May 10]

Get the latest updates from India's Supreme Court and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

13 May, 2024 10:29 AM
sc-dismisses-union-govt-plea-against-bail-to-maoist-financer-in-case-of-attack-on-police-party-in-jharkhand
Trending Judiciary
SC dismisses Union govt's plea against bail to Maoist financer in case of attack on police party in Jharkhand [Read Judgment]

SC rejects govt's plea against bail for accused in Jharkhand police attack case, citing absence of violated bail conditions.

13 May, 2024 11:33 AM
supreme-court-upholds-gang-rape-conviction-though-victim-turned-hostile
Trending Judiciary
Supreme Court upholds gang rape conviction, though victim turned hostile [Read Judgment]

SC upholds gang rape conviction despite victim's hostility, affirming witness credibility in criminal trials.

13 May, 2024 12:24 PM
sanatana-dharma-remarks-sc-seeks-response-from-up-maha-ktka-bihar-jamp;k-on-udhayanidhis-plea-for-clubbing-firs
Trending Judiciary
Sanatana Dharma remarks SC seeks response from UP, Maha, Ktka, Bihar, J&K on Udhayanidhi's plea for clubbing FIRs

SC seeks response on Udhayanidhi's plea for clubbing FIRs related to his remarks on 'Sanatan Dharma'.

13 May, 2024 12:39 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email