Interim protection order granting maintenance under domestic violence Act which by itself does not constitute an offence.
In the instant case, learned Magistrate passed an
interim protection order granting maintenance which by itself does
not constitute an offence. Section 31 of the Domestic Violence
Act makes a breach of protection order, final or interim, an offence
under the said Act. Issue of the applicability of Section 468 of the
Code of Criminal Procedure, 1973 prescribing bar to taking
cognizance after the lapse of the period of limitation prescribed
therein would only arise at the time of taking cognizance of such
an offence as spelt out under section 31 of the Domestic Violence
Act. On the date of the alleged desertion of the respondents,
there was no protection order and as such there could be no
breach of it translating the said occurrence into a crime as spelt
https://www.lawweb.in/2013/04/interim-protection-order-granting.html
