need help under section12(A)domestic violence
navin
(Querist) 25 December 2010
This query is : Resolved
Respected sir.
if the orders of maintenance passed by the magistrate
1)how long husband has to give maintenance
2)if person wont be able to give maintenance in such scene what punishment court can give to the husband.because husband has already shown his incapability to give but court has passed the orders of maintenance.
ashish lal
(Expert) 25 December 2010
@NAVEEN
Section 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.
Y V Vishweshwar Rao
(Expert) 25 December 2010
Sec 18 Protection Order
Sec 19 Residence Order
Sec 20 (1) (d) Monetary Relief ;- maintenance order !
Sec 31 ;- Penalty for breach of protection orders ! -Non Payment of Maintenance orders !
Sec 31 ( 6) up on failure to pay the amounts the magistrate may direct the Employer / or /Debtor of the Respondent ,to directly pay to the aggrieved person/Petitioner or to deposit with the court from wages /salaries/debt due to the respondent which amount may be adjusted towards the monetary relief payable by the Respondent !
