38.6c New Delhi, India, Thursday, October 09, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

[Domestic Violence] Maintenance order does not amount to protection order" holds Karnataka HC [Read Order]

By Rintu Mariam      21 December, 2023 10:58 AM      0 Comments
Domestic Violence Maintenance order does not amount to protection order holds Karnataka HC

The Karnataka High Court recently held that an order granting maintenance does not amount to protection order and violation of the same will not attract section 31 of the Protection of Women from Domestic Violence Act, 2005 (Penalty for breach of protection order by respondent). Under the DV Act, a protection order is passed to prohibit the respondent from committing the domestic violence and to prevent from aiding or abetting the commission of acts of domestic violence against aggrieved person or the dependents. 


The plain reading of Section 18 of the D.V. Act in the light of definition found under Section 2(o) of the D.V.Act, 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 the section 31 of the D.V. Act, Justice Shivashankar Amarannavar observed. 


The complainant-wife filed a private complaint against the petitioner-husband alleging that he breached the protection order by not paying the maintenance amount as per an order dated July 29, 2015. And, committed an offence under Section 31 of the Act. Hearing this, the Magistrate ruled in favour of the complainant wife. 
Challenging this, the petitioner contended that as per  Section 31(1) of the D.V. Act, it would only apply to a breach of a protection order and not to a breach of the interim maintenance order.


Noting the factual matrix and the arguments, the Court refused to accept the Magistrates view. 


The approach of learned Magistrate in taking cognizance of the offence punishable under Section 31 of the D.V. Act is a glaring legal error and hence, the same will have to be set aside.


In the present case, Section 31 of the DV Act was invoked on the ground that arrears of the maintenance were not paid and not for violation of the protection order, the Court pointed out. 


Providing two separate reliefs, one under Section 18 of the D.V. Act for protection and another for monetary relief under Section 20 of the DV. Act, will have to be taken into consideration while analysing the scope of Section 31 of the D.V. Act. If protection order was inclusive of monetary relief of granting maintenance, Section 20 of the D.V. Act would not have been separately provided, the Bench observed, while allowing the petitioners plea.

 

[Read Order]



Share this article:



Leave a feedback about this
Related Posts
View All

Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order] Karnataka High Court: Cabinet Rank Status Not Equivalent to Ministerial Position [Read Order]

Karnataka High Court clarifies that Cabinet rank status does not equate to ministerial position, dismissing a PIL challenging political appointments to Chief Minister Siddaramaiah.

Karnataka High Court Grants Protection to Journalist Sudhir Chaudhary Amid Fake News Controversy Karnataka High Court Grants Protection to Journalist Sudhir Chaudhary Amid Fake News Controversy

Karnataka High Court protects journalist Sudhir Chaudhary and Aaj Tak from coercive action over alleged 'fake news' about Karnataka government's minority scheme. Get the latest updates on this legal battle.

Ganeshotsav at Idgah Maidan: High Court Rejects Anjuman-E-Islam's Plea Against Ganesh Idol Installation Ganeshotsav at Idgah Maidan: High Court Rejects Anjuman-E-Islam's Plea Against Ganesh Idol Installation

Karnataka High Court rejects Anjuman-E-Islam's plea against Ganesh idol installation at Idgah Maidan in Hubballi. Get the latest updates on the legal battle and permissions for Ganesha festivities.

Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order] Woman living in adultery cannot claim maintenance: Karnataka High Court [Read Order]

Karnataka High Court rules that a woman engaged in adultery cannot claim maintenance, stating her dishonesty as a key factor.

TRENDING NEWS

pmla-appellate-tribunal-orders-immediate-release-of-seized-bmw-x7-in-hemant-soren-land-scam-case
Trending Crime, Police And Law
PMLA appellate tribunal orders immediate release of seized BMW X7 in Hemant Soren land scam case [Read Order]

PMLA tribunal orders ED to release seized BMW X7 in Hemant Soren land scam case, citing lack of proof linking the luxury car to money laundering.

08 October, 2025 08:06 PM
offence-under-category-of-upholding-family-prestige-sc-orders-release-of-man-on-remission
Trending Judiciary
'Offence under category of upholding family prestige,' SC orders release of man on remission [Read Judgment]

SC orders immediate release of life convict who served 22 years for a murder committed to uphold family honour, citing Maharashtra remission guidelines.

08 October, 2025 08:19 PM

TOP STORIES

allahabad-hc-refuses-interim-protection-to-sambhal-mosque-asks-petitioners-to-approach-appellate-court
Trending Judiciary
Allahabad HC Refuses Interim Protection to Sambhal Mosque, Asks Petitioners to Approach Appellate Court [Read Order]

Allahabad High Court refused interim protection to Sambhal mosque, directing petitioners to seek remedy before the appellate court under UP Revenue Code.

06 October, 2025 04:48 PM
calling-off-marriage-after-courtship-not-a-crime-or-breach-of-promise-delhi-hc
Trending Judiciary
Calling Off Marriage After Courtship Not A Crime Or Breach Of Promise: Delhi HC [Read Order]

Delhi High Court grants bail, ruling that ending marriage plans after courtship is not a breach of promise or offence under false promise to marry.

06 October, 2025 05:03 PM
celebrating-bail-on-social-media-not-ground-for-cancellation-without-specific-threat-to-complainant-delhi-hc
Trending Judiciary
Celebrating Bail On Social Media Not Ground For Cancellation Without Specific Threat To Complainant: Delhi HC [Read Order]

Delhi HC rules that celebrating bail on social media isn’t grounds for cancellation unless a specific threat or intimidation is proven.

06 October, 2025 05:25 PM
woman-cannot-claim-maintenance-after-securing-rape-conviction-against-live-in-partner-jammu-and-kashmir-hc
Trending Judiciary
Woman Cannot Claim Maintenance After Securing Rape Conviction Against Live-In Partner: Jammu & Kashmir HC [Read Order]

J&K High Court held that a woman who secured a rape conviction against her live-in partner cannot claim maintenance under Section 125 CrPC.

06 October, 2025 06:08 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email