cpc

domestic violence act


Whether proceedings under section 31 of the Domestic Violence Act can be initiated if the respondent does not pay interim maintenance fixed by the Court?

 
Reply   
 
Advocate

Dear praveen S. 31 says "A breach of protection order or of an interim protection order". So only protection  will come under S.31 of DV Act. Protection order is U/s 18. Residence order is U/s 19.Monetary relief including monetary relief to meet the expenses incurred and losses suffered is detailed U/s 20. The section 31 is specific and it donot mention about the other sections ecept S.18.

 
Reply   
 


practicing lawyer

i agree with k c suresh.

 
Reply   
 

Suresh Sir, thanks a lot.

 
Reply   
 
Lawyer

interim monetary maintenance is given in protection order 20 but the enforcement is also mentioned in that order i.e. by attaching sary a direction can be given to emplayer in failure of that event sec31 can be resorted

 
Reply   
 

But I agree with Suresh Sir that section 31 speaks of only "protection order" as contemplated under section 18 of the Act and no order  passed under any other provision. So, in my opinion section 31 does not apply in case of breach of any other order.

 
Reply   
 
Advocate

For violating the order of maintenance there is no necessity to take resrt to sec31 as sub-sec(6) of sec20itself prescribes for the method to implement the order of maintenance.

 
Reply   
 

Yes Devajyoti Sir, it is true that resort to section 20(6) of the Act can be have for implementation of maintenance order. But the proceedings under section 20(6) being civil in nature just to enforce the order are different from proceedings under section 31 which are essentially criminal proceedings prescribing for punishment by way of imprisonment and fine. The query intended to highlight this difference only.

 
Reply   
 
lawyer

sec. 31  is for the order passed u/s 18 i.e. protection order

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x