Protection of women from domestic violence
yogesh kumar solanki
(Querist) 03 April 2012
This query is : Resolved
the court has passed protection order and respondent breach the protection order. Applicant give an application under section 31 and 32 protection of women from domestic violence. can court call objection from respondent?
Shonee Kapoor
(Expert) 03 April 2012
It is a non-bailable offence and then the trial would ensure.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
SAINATH DEVALLA
(Expert) 03 April 2012
Dear Yogesh,
As pointed out by Shooneji it is violation and disrespect towards the court.No,the court will not call for any objection from the respondent and can immediately issue NBW.
Read the sections.
Section 31 in The Protection Of Women From Domestic Violence Act, 2005
31. Penalty for breach of protection order by respondent.-
(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.
(2) The offence under sub- section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.
(3) While framing charges under sub- section (1), the Magistrate may also frame charges under section 498A of the Indian Penal Code (45 of 1860 ) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961 ), as the case may be, if the facts disclose the commission of an offence under those provisions.
Section 32(2) in The Protection Of Women From Domestic Violence Act, 2005
(2) Upon the sole testimony of the aggrieved person, the court may conclude that an offence under sub- section (1) of section 31 has been committed by the accused
Raj Kumar Makkad
(Expert) 03 April 2012
Generally Courts provide an opportunity to the respondent to reply to the application moved by the aggrieved person under section 32 and after obtaining the evidence from both sides in this regard, the court decides whether to issue notice to the accused or not.
Nadeem Qureshi
(Expert) 03 April 2012
Dear Mr. Yogesh
I think you will be satisfied with experts opinion.
V R SHROFF
(Expert) 05 April 2012
RESPONDENT HAVE TO FILE SAY FOR OBJECTIONS IF ANY.SAY
yogesh kumar solanki
(Querist) 05 April 2012
Thanks all of you. I think court con't call objection because said offence is cognizable accused should apply bail and after taking bail accused can file objection. Am I right?
