Tag Archives: do NOT arrest husbands for NON payment of DV maintenance

Nonpayment DV maintenance NOT violation of Sec 31 protection order, so NO cognizance. Karnataka HC

The short point that arises for consideration by this court is as under:“Whether penal provision found in Section 31 of Protection ofvWomen from Domestic Violence Act, 2005 could be invoked for non-payment of arrears of maintenance?”

The Hon court concludes as follows “….

  • 17. Providing two separate reliefs, one under Section 18 of the Act for protection and another for monetary relief under Section 20 of the Act will have to be taken into consideration while analyzing the scope of Section 31 of the Act. If protection order was inclusive of monetary relief of granting maintenance, Section 20 of the Act would not have been separately provided for.
  • 18. After going through the records and the decision rendered by the High Court of Rajasthan in the case of SMT.KANCHAN .v. VIKRAMJEET SETIYA (2013 CrL.L.J. 85, this court does not find any reason to take a view different from the one taken by the Hon’ble High Court of Rajasthan. As already discussed, the High Court of Rajasthan has exhaustively dealt with the scope of Section 31 of the Act in the light of Sections 2 (o), (k), 12,18, 20 and 28 of the Act. In this view of the matter, the approach of the trial court in taking cognizance of the offence under Section 31 of the Act ia a glaring legal error and hence the same will have to be set aside.

 

and “….Consequently the petitioner stands discharged for offence punishable under section 31 of P.W.D.V Act 2005.…”

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 18TH DAY OF DECEMBER 2015

BEFORE
THE HON’BLE MR.JUSTICE A.V.CHANDRASHEKARA

CRIMINAL REVISION PETITION NO.758 OF 2015

BETWEEN:

MR. FRANCIS CYRIL C CUNHA
AGED ABOUT 52 YEARS
S/O SYLVESTER D/CUNHA
RESIDING AT DEEPTHI COTTAGE
KALLABETTU POST, GANTALKATTE
MOODBIDRI, MANGALORE TALUK – 515 006 … PETITIONER
(BY SRI.THARANATH POOJARY.I., ADV.)

AND:

SMT, LYDIA JANE D’CUNHA
AGED ABOUT 42 YEARS
W/O FRANCES CYRIL D’CUNHA
RESIDING AT URPALPADE HOUSE
KALLABETTU POST, MANGALORE TALUK 575 006 … RESPONDENT
(BY SRI. G.BALAKRSIHNA SHASTRI )

THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH 401 CR.P.C. PRAYING TO SET ASIDE THE ORDER DATED 04.02.2014 PASSED BY THE PRINCIPAL S.J., D.K., MANGALORE IN CRL.A.NO.211/2013 UPHOLDING ORDER DATED 28.02.2013 PASSED BY THE C.J. AND J.M.F.C., MOODBIDRI, D.K., IN C.C.NO.327/2012 DISMISSING THE DISCHARGE APPLICATION FILED BY THE PETITIOENR FOR THE OFFENCE P/U/S 31 OF THE PROTECTION OF WOMEN AGAINST THE DOMESTIC VIOLENCE ACT AND DISCHARGE THE PETITIOERN OF THE SAID OFFENCE. THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT PASSED THE FOLLOWING:

ORDER

 

  1. Present petition is filed under Section 397 of Cr.P.C. challenging the order of the learned Civil Judge, Moodbidri passed on 28.02.2013 in C.C. No.327/2012 and the confirmation of the same by the learned Sessions Judge, Mangaluru in Crl.A.No.211/2013. Petitioner is the accused in C.C.No.327/2012 and the Trial Court has issued process against the accused for offences punishable under Section 31 of Protection of Women from Domestic Violence Act, 2005 (For short “˜Act” herein afterwards). An application was filed under Section 239 of Cr.P.C. seeking discharge. The said application came to be dismissed after contest as against which an appeal was filed in terms of section 29 of the said Act before the Sessions Court at Mangaluru. The appeal is dismissed and thereby the order of the Trial court is confirmed.
  2. 2. The facts leading to the present revision petition are as follows: Petitioner is the legally wedded husband of the respondent. Respondent has chosen to file a case in Crl.Misc.No.115/2009 under section 12 of the Act seeing various releifs against this petitioner before the Court of JMFC Moodbidri, Mangalore Taluk. By virtue of the order dated 01.03.2010, the learned JMFC chose to award maintenance @ Rs.4,000/- per month to the respondent and her daughter. 01.03.2010 has become final.
  3. 3. An application was filed to recover the arrears of maintenance pursuant to the order dated 01.03.2010 passed in Crl.Misc.No.115/2009 in MC No.256/2012. In accordance with the order dated 01.03.2010 passed in Crl.Misc. No.115/2009, recovery of the entire arrears of maintenance was sought but the executing court, applying the provisions of Section 125(3) of Cr.P.C. allowed to recover a sum of Rs.32,000/- only being the arrears for one year prior to the filing of the application for recovery and that order is not challenged in any manner.
  4. 4. A private complaint was filed by the respondent in PCR No.96/2012 before the JMFC Court on 22.09.2012 requesting the court to take cognizance under Section 31 of the Act to issue summons for not paying the entire arrears of maintenance. Cognizance was taken and summons were issued. After appearing before the court an application was filed in terms of Section 239 of Cr.P.C. to discharge him and said application came to be dismissed. Dismissal of the said application is confirmed by the Sessions Court. Hence the present revision petition is filed under section 397 of Cr. PC.
  5. 5. The short point that arises for consideration by this court is as under:“Whether penal provision found in Section 31 of Protection ofvWomen from Domestic Violence Act, 2005 could be invoked for non-payment of arrears of maintenance?”
  6. 6. While disposing of Crl.Misc. No. 115/2009 on 01.03.2010, the learned judge has passed the following order:”
    The petition filed by the petitioners no.1 and 2 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is hereby allowed.
    The respondent is hereby restrained from entering the school/college or any other places where the petitioner no.2 is studying.
    The respondent is hereby directed to stay away from the dependants, relatives or any other persons from the petitioner No.1 and 2 from committing violence against them.
    The respondent is hereby restrained from attempting to contact the petitioner no.2 either at the school or any other place.
    The respondent is hereby restrained from alienating, disposing, encumbering the shared household which is described in the petition schedule.
    The respondent is hereby directed to pay the maintenance of Rs.4,000-00 to the petitioner no.1 and 2 per month from the date of the petition.”
  7. 7. It is true that all orders other than the one relating to maintenance are perfect protection orders within the purview of Section 18 of the Act. Section 18 is reproduced below: “Section 18 ““ Protection Orders”
    The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from ”
    (a) committing any act of domestic violence;
    (b) aiding or abetting in the commission of acts of domestic violence;
    (c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
    (d) attempting to communicate in any form, whatsoever, aggrieved personal, with person, oral or the including written or electronic or telephonic contact;
    (e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
    (f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
    (g) committing any other act specified in the protection order.” as
  8. 8. The words “Protection Orders” are defined in Section 2(o) of the above Act and the same is extracted below: 2(o) -“Protection Order” means an order made in terms of Section 18.”
  9. 9. On a plain reading of Section 18 in the light of definition found under Section 2(o), it could be definitely said that the order of granting maintenance does not amount to “protection order” and violation of the same will not attract the provisions of Section 31 of the above Act.http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick.
  10. 10. Section 31 of the above Act is reproduced below in its entity:
    “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 has 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.”
  11. 11. Section 28 of the above Act deals about the applicability of certain provisions of Cr.P.C. to the provision of this Act. Except as provided in this case, all proceedings under Sections 12, 15,18, 20, 21, 22 and 23 and offences under Section 31 shall be governed by the provisions of Cr.P.C.
  12. 12. Certain rules have been framed under Section 37 of the Act which enables the Central Government to make rules.
  13. 13. Rule 15 of the Protection of women from Domestic Violence Rules, 2006 deals about the breach of protection order. It is extracted below:
    “Breach of Protection Orders.
    (1) An aggrieved person may report a breach of protection order or an interim protection order to the Protection Officer.
    (2) Every report referred to in sub-rule (1) shall be in writing by the informant and duly signed by her.
    (3) The Protection Officer shall forward a copy of such complaint with a copy of the protection order of which a breach is alleged to have taken place to the Magistrate for appropriate orders. concerned
    (4) The aggrieved person may, if she so desires, make a complaint of breach of protection order or interim protection order directly to the Magistrate or the police, if she so chooses.
    (5) If, at any time after a protection order has been breached, the aggrieved person seeks his assistance, the protection officer shall immediately rescue her by seeking help from the local police station and assist the aggrieved person to lodge a report to the local police authorities in appropriate cases.
    (6) When charges are framed under section 31 or in respect of offences under section 498A of the Indian Penal Code, 1860 (45 of 1860), or any other offence not summarily triable, the Court may separate the proceedings for such offences to be tried in the manner prescribed under Code of Criminal procedure, 1973 (2 of 1974) and proceed to summarily try the offence of the breach of Protection Order under section 31, in accordance with the provisions of Chapter XXI of the Code of Criminal Procedure, 1973 (2 of 1974).
    (7) Any resistance to the enforcement of the orders of the Court under the Act by the respondent or any other person purportedly acting on his behalf shall be deemed to be a breach of protection order or an interim protection order covered under the Act.
    (8) A breach of a protection order or an interim protection order shall immediately be reported to the local police station having territorial jurisdiction and shall be dealt with as a cognizable offence as provided under sections 31 and 32.
    (9) While enlarging the person on bail arrested under the Act, the Court may, by order, impose the following conditions to protect the aggrieved person and to ensure the presence of the accused before the court, which may include ““
    (a) an order restraining the accused from threatening committing violence; an to act commit of or domestic
    (b) an order preventing the accused from harassing, making any telephoning contact with or the aggrieved person;
    (c) an order directing the accused to vacate and stay away from the residence of the aggrieved person or any place she is likely to visit;
    (d) an order prohibiting the possession or use of firearm or any other dangerous weapon;
    (e) an order prohibiting the consumption of alcohol or other drugs;
    (f) any other order required for protection, safety and adequate relief to the aggrieved person.”
  14. 14. Hon” ble High Court of Rajasthan had an opportunity to discuss the applicability of the provisions of Section 31 of the above Act in regard to the noncompliance of the order relating to the non-payment of arrears of maintenance. What is held by the Hon”ble High Court of Rajasthan is that breach of order of monetary relief will not pave way to prosecute the husband. It is made clear that section 31of the Act does not include monetary relief.
  15. 15. In the present case, the provisions of Section 31 of the Act was pressed into service before the trial court essentially on the ground that arrears of the maintenance was not paid and therefore it paved for penal action under Section 31 of the Act. The learned judge of the trial court has construed that even the nonpayment of the arrears of maintenance amounts to the violation of protection order and thereby Section 31 could be invoked.
  16. 16. What is argued by Sri. G. Balakrishna Shastri, learned counsel representing the respondent is that the non-payment of the arrears of maintenance amounts to domestic violence and therefore Section 31 is applicable.
  17. 17. Providing two separate reliefs, one under Section 18 of the Act for protection and another for monetary relief under Section 20 of the Act will have to be taken into consideration while analyzing the scope of Section 31 of the Act. If protection order was inclusive of monetary relief of granting maintenance, Section 20 of the Act would not have been separately provided for.
  18. 18. After going through the records and the decision rendered by the High Court of Rajasthan in the case of SMT.KANCHAN .v. VIKRAMJEET SETIYA (2013 CrL.L.J. 85, this court does not find any reason to take a view different from the one taken by the Hon’ble High Court of Rajasthan. As already discussed, the High Court of Rajasthan has exhaustively dealt with the scope of Section 31 of the Act in the light of Sections 2 (o), (k), 12,18, 20 and 28 of the Act. In this view of the matter, the approach of the trial court in taking cognizance of the offence under Section 31 of the Act ia a glaring legal error and hence the same will have to be set aside. Consequently the revision petition will have to be allowed and the order of the JMFC passed on 28.2.2013 and affirmed in Crl.A.211/13 will have to be set aside.http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; https://twitter.com/ATMwithDick.
  19. 19. In the result, the following order is passed:

ORDER

The revision petition is allowed. The order dated 28.2.2013 passed in C.C.327/12 and affirmed in Crl.A.211/13 are set aside. Consequently the petitioner stands discharged for offence punishable under section 31 of P.W.D.V Act 2005.

Send a copy of this order to the Trial Court.

Sd/JUDGE

BSV/vgh*


*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.


CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting


DONT arrest husbands 4 NON pmt of DV maintnace. Breach of Sec12, Sec23 NOT attract Sec31. Rajast HC

In this Classic case often quoted by other HCs, the Hon Raj HC orders that breach of maintenance / monetary relief orders u/s 12 or u/s 23 of Dv act, does NOT attract arrest as envisaged u/s 31 of DV act !!

Excerpts :
“…Thus, it becomes apparent that Section 31 of the Act of 2005 empowers the Magistrate to prosecute and punish a respondent in the event such respondent breaches the order passed under Section 18 of the Act of 2005. Section 18 of the Act of 2005 does not deal with monetary relief. Monetary relief has been defined in Section 2 (k) of the Act and such reliefs are to be granted by way of proceedings under Sections 12 and 23 of the Act of 2005. …”

“…The opinion of this Court, after careful consideration of Section 31 is that the offence which is created by Section 31 is specifically in regard to breach of the protection order or an interim protection order. The term “monetary relief” is not included in this Section and thereby taking out of the operation of Section 31 of the Act of 2005 any breach of an order of monetary relief. An applicant, in whose favour the order of monetary relief has been passed, has to apply to the Magistrate for seeking execution of the order as per Section 20 of the Act of 2005. …”

“…Looking to the nature of the Legislation and the purpose for which the same was enacted, it is hereby directed that henceforth all the orders of monetary relief under the provisions of the Act of 2005 shall be executed in the manner provided under Section 125 Cr.P.C. but with the modification that no formal application shall be required for such an execution….”


IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

ORDER

Smt. Kanchan. Versus Vikramjeet Setiya.

S.B. Criminal Misc. Petition No. 123/2010

Date of Order: February 13, 2012

PRESENT

HON’BLE MR. JUSTICE SANDEEP MEHTA

None present for the petitioner.
Mr. M.A. Bhurat, Public Prosecutor for the State.

BY THE COURT:

Reportable.

The instant miscellaneous petition has been filed by the petitioner challenging the order dated 07.11.2009 passed by the Judicial Magistrate No.1, Sri Ganganagar in Criminal Miscellaneous Case No. 312/2009 rejecting the application filed by the petitioner under Section 31 of the Protection of Women from Domestic Violence Act, 2005 (for short, “the Act of 2005”) for seeking initiation of the criminal proceedings against the respondent on account of non-compliance of the order of monetary relief. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

The petitioner, being the wife of the respondent, had filed an application under Section 12 as well as under Section 23 of the Act of 2005 seeking maintenance for herself and also for her child. The application under Section 23 of the Act of 2005 was allowed on 11.8.2009 and the respondent was directed to make payment of Rs.3000/- per month to the petitioner and Rs.2000/- per month to the child. When the respondent did not comply with the order, the petitioner filed an application before the learned trial court under Section 31 of the Act of 2005 seeking prosecution of the respondent on the ground of non- compliance of the order of monetary relief. The said application has been rejected by the learned Magistrate by the impugned order dated 07.11.2009; hence the instant miscellaneous petition.

No one appears for the petitioner.

After considering the grounds raised in the miscellaneous petition, this Court feels that the provisions of Section 31 of the Act of 2005 need to be considered for proper appreciation of the issue raised in the miscellaneous petition. The provisions of Section 31 of the Act of 2005 read as follows:-

“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 has 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.”

Thus, the provision of Section 31 of the Act of 2005 clearly spells out that the application under Section 31 of the Act of 2005 lies when there is a breach of a protection order or an interim protection order. The term “protection order” is defined Section 2 (o), which reads as follows:-
Section 2 (o).-“Protection order”means an order made in terms of section 18.

Section 18 of the Act of 2005 reads as follows:-
“Section 18. Protection orders.- The Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person and prohibit the respondent from.-
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c ) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d)attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
(g) committing any other act as specified in the protection order.”

Thus, it becomes apparent that Section 31 of the Act of 2005 empowers the Magistrate to prosecute and punish a respondent in the event such respondent breaches the order passed under Section 18 of the Act of 2005. Section 18 of the Act of 2005 does not deal with monetary relief. Monetary relief has been defined in Section 2 (k) of the Act and such reliefs are to be granted by way of proceedings under Sections 12 and 23 of the Act of 2005. The Section 12 covers in its application all kinds of reliefs including monetary relief as well as protection order and compensation. The non-compliance of the order under Section 12 can be either of protection orders or of the order seeking monetary relief. But the question which this Court needs to consider is as to whether the breach of an order of monetary relief can make the respondent liable for prosecution under Section 31 of the Act of 2005 ?

The opinion of this Court, after careful consideration of Section 31 is that the offence which is created by Section 31 is specifically in regard to breach of the protection order or an interim protection order. The term “monetary relief” is not included in this Section and thereby taking out of the operation of Section 31 of the Act of 2005 any breach of an order of monetary relief. An applicant, in whose favour the order of monetary relief has been passed, has to apply to the Magistrate for seeking execution of the order as per Section 20 of the Act of 2005.

Section 20 of the Act of 2005 reads as follows:-

“Section 20. Monetary reliefs.- (1)while disposing of an application under sub- section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,-
(a) the loss oe earnings;
(b) the medical expenses;
(c ) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
(d)the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
(2)The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
(3)The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may required.
(4)The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides.
(5)The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub -section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the Court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable to the respondent.”

A perusal of Section 20 of the Act of 2005 reveals that exhaustive procedure for the execution of monetary relief has not been laid down in this section because sub-sections (4) and (5) of Section 20 provide the consequences to an order of monetary relief. Sub-section (6) of Section 20 of the Act of 2005 entitles the Magistrate to direct the employer or debtor of the respondent to directly pay to the aggrieved person or to deposit with the Court a portion of wages or salaries or debt due or accrued to the creditor of the respondent towards the monetary relief payable by the respondent. However, this provision is limited to the person who may have accrued credit or is a salaried person, but in case of a self-employed person, this provision would be of no help to the claimant. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

Resultantly, the Court would have to fall back-on to the procedure provided under Section 28 of the Act of 2005, which lays down that the courts shall be governed by the general provisions of the Code of Criminal Procedure in relation to the proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 as well as for the offence under Section 31 of the Act of 2005. Sub-section (2) of Section 23 of the Act of 2005 provides for a procedure to be laid down by the court on its own for the disposal of an application under Section 12 or sub-section (2) of Section 23 of the Act of 2005. The procedure, which the learned court below can adopt is limited to the disposal of the application, but for execution of the order, a resort has to be had to the general provisions of the Code of Criminal Procedure.

Resultantly, this Court is of the opinion that the provisions of the Code of Criminal Procedure in relation to execution of the order under Section 125 Cr.P.C. have to be resorted to by the court below for giving force to the order of monetary relief.

Looking to the nature of the Legislation and the purpose for which the same was enacted, it is hereby directed that henceforth all the orders of monetary relief under the provisions of the Act of 2005 shall be executed in the manner provided under Section 125 Cr.P.C. but with the modification that no formal application shall be required for such an execution and as soon as the order is passed under Section 12 or 23 of the Act of 2005 for directing the monetary relief, the Court, after the period provided for appeal is over, shall suo motu issue warrant of recovery for recovery of the monetary relief directed to be paid and in the event of warrant for recovery not being satisfied then the consequence of sending the respondent to civil jail, as per the procedure provided under Section 125 Cr.P.C., shall be resorted to.

As has been observed above, in the instant miscellaneous petition, the challenge was made to the order whereby the application filed by the petitioner under Section 31 of the Act of 2005 was rejected by the learned trial Court. This Court has already held that non- compliance of an order of monetary relief does not give rise to the consequence of Section 31 of the Act of 2005.

Thus, the instant miscellaneous petition is without force and the same is rejected. The learned Magistrate shall forthwith issue warrant for recovery of the amount of maintenance and if despite service of warrant, the amount of maintenance is not deposited on or before 10th of each month then the learned Magistrate shall be at liberty to pass an order of sending the respondent to civil jail as per Section 125 (3) Cr.P.C.

Resultantly, the miscellaneous petition stands disposed of accordingly.

(SANDEEP MEHTA), J.

mcs

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.


CASE FROM JUDIS / INDIAN KANOON WEB SITE with necessary Emphasis, Re formatting
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