Execution of residential order under domestic violance act, 2005
Kunal Sarkar
(Querist) 16 July 2013
This query is : Resolved
The brief fact of the case is that, the complainant on 20-07-2010 obtained a Residential Order under Sec. 19 of the PWDV
Act, 2005 against her mother-in-law and the court further directed the nearest police station in case of urgency provide necessary help to the complainant and release the Respondent on execution of bond.
Thereafter in the month of May 2013 the mother-in-law forcefully obstructed the complainant when she tried to repairing her house and driven out from her residence.
The complainant rush to the nearest police station with a written application along with the copy of order passed by the magistrate seeking their help but police refused to provide any help.
Thereafter the complainant filed a petition before the same magistrate under Sec.31 of the Act for breach of protection order and seeking further direction against her mother-in-law but the court also rejected her petition on the ground the same is not maintainable.
Please help me in this situation.
Whether there are nay provision in this Act to execute Residential Order?
what is the procedure to execute Residential Order under Sec.19 of the Act ?
How a can give any relief to the complainant under this Act ?
please suggest any case law in this respect.
ajay sethi
(Expert) 16 July 2013
since daughter in law has obtained a residence order she cannot be restrained from entering the house . if cops fail to comply with court orders complain to police commissioner .
section 31 provides for imposition of penalty in case of breach of protection order . rule 15 of domestic violence rules provides that breach of protection order is a cognziable offence . . the court may impose conditions while releasing person on bail .
