Protection Order under Section 18 DV
Act and whether its breach would fall under the ambits of Section 31 DV
Act.
43. The DV ... been agitated under Section 31 DV Act. If every direction
or restraint in DV proceedings could trigger criminal consequences under
Section 31 , it would blur
Thereafter the appellant on 20.03.2023, filed a
complaint under section 31 of DV Act for
cognizance/lodging Fir against the accused persons for
committing breach ... restrainment order by itself is not considered a
breach under Section 31 DV Act as this section specifically
refers to a " protection order
breach of a
protection order under Section 18 of the DV Act is a criminal
offence under Section 31 of the DV Act. However ... that an offence under sub-section (1)
of section 31 has been committed by the accused."
5.8. DV Act not in derogation
exercising its inherent powers under Section 151 of the
Code of Civil Procedure ( CPC ). Section 31 of the DV Act
lays down penalty for breach ... main application made before a
Magistrate under Section 12 of the DV Act, Section
31(2) requires the offence of breach of the protection
order
aggrieved person under Section 18 , Section 19 , Section 20 ,
Section 21 or, as the case may be, Section 22 of the DV Act against ... person.
18. Section 20 of the DV Act speaks about monetary reliefs and sub-
section (1)(d) of Section 20 of the DV Act, speaks
Crime No.228
of 2011 registered for the offence under Section 31 of the DV Act.
3. On 21.08.1989, the petitioner married one Kanikaimarry ... 31 of the DV Act is a key provision and heartbeat of the
DV Act to regulate the violator of protection order passed under Section
enforced under section 28 (A) of the Hindu
Marriage Act, 1956; section 20(6) of the DV Act; and section ... covered by section 18 of the DV Act; that there was
no substance in the contention of revisionist that power under
section 31
offences punishable under Sec. 294(b) , 406 , 323 and 34
of the I.P.C. and Sec. 31 of the DV Act, wherein the petitioners ... Section 31 has been
committed by the accused."
Sec.31 provides that the above offences are cognizable. Since
the offence under Sec.31
Section 22 . Had the legislature intended to
apply Section 31 to these orders, it would have mentioned them
specifically.
15. Section 31 of the DV ... OnLine Ker 6210, that Section 31 applies to the breach of
the protection orders mentioned in Section 18 of the DV
been held that
section 31 does not provide that an order passed under section 19 or
section 20 if violated, would enable the Magistrate ... omitted to provide an effective remedy through section 31 .
Of course, under section 19(4) of the DV Act, the residence order can be
treated
