Duty of Magistrate to be careful when deciding Domestic violence Act
It has to be noticed that although Domestic Violence Act is not a penal law but it is a peculiar Act where non-compliance of the order passed under the Act has been made as an offence under Section 31 of the Act and an FIR can be registered against the person who does not comply with the order and this offence is triable by the same Magistrate who passed the interim order for protection or maintenance. In view of this provision under Section 31, it becomes incumbent and responsibility of the Magistrate to be careful in passing order and to specify as to whether there was domestic relationship between the aggrieved person and the respondent and who was the person responsible for compliance of the order.1
Delhi High Court
Razia Begum vs State Nct Of Delhi & Ors. on 4 October, 2010
https://www.lawweb.in/2013/10/duty-of-magistrate-to-be-careful-when.html
