Does breach of dv protection order apply to residence orders

That section applies to both  breach of protection order or interimrs potection order, and once there is a breach, section 31 comes into opeation. This is rather a new remedies apart fom the existing rights provided to women under pwdva. Any other order passed under secion 17 to 22  have no penal consequnces, except to appeal before the Court of Session and not to Sessions Judge..

Sir,
Thanks for your reply. Can you confirm that "dispossession from house" is not a breach of Protection order or interim protection order U/s 18 but a probable breach of "Residence order" U/s 19 in which case the Section 31 should not apply at all?

If yes, what is the best way to counter this application U/s 31 as not maintainable? Can I place an application for dismissal of this application to the trial court OR go for quashing U/s 482 in High court?

Regards
Amar

DV act is more draconian law than many people presume.

You should not take any risk and must take appropriate actions in time.

When you say you have not sent her out than go the court ans reply to her application that she has gone out of her own sweet will and the doors of your house are always open for her .

If you have evidence or testimony of others  that you have peaceful family life and you are most accomodative ,  it will defuse the propblem.

If both of you are not compatible find better solutions but confrontation in court will be risky for you.

Dear experts

This query is still not resolved so posting again. Can you confirm that "dispossession from house" is not a breach of Protection order or interim protection order U/s 18 but a probable breach of "Residence order" U/s 19 in which case the Section 31 should not apply at all?

If yes, what is the best way to counter this application U/s 31 as not maintainable? Can I place an application for dismissal of this application to the trial court OR go for quashing U/s 482 in High court?

Regards
Amar

@ Author

Do you stay at a rented place or do you own this place . When she filed the Dv case you should have stated that you are ready to provide her with rental accommodation.

. Applicant / aggrieved person calls this a Civil Law but S. 28 (1)unambiguously mentions that - , all proceedings under S(s) 12, 18, 19, 20, 21, 22 and 23 and offenses under S. 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974)" - Now it is a Civil Law but bound by Criminal Procedure Code. Further S. 28 (2) allows the Ld. MM to lay down his own procedure while disposing the applications made under S. 12 & Section 23 (2), which has very dangerous implications. Many a times (all most all the times qua) a lady uses this provision to avoid the process of evidence and cross-examination and hence provides a preference to a women – Which is a Clear violation of Article 14 of Constitution of India. Further, Rule 6 (5) specifies that all applications under S. 12 are dealt with and Orders are enforced as defined in S. 125 of Cr.P.C. Please note that In the name of  "shared household", the husband is thrown out of his own earned house or from his inherited house under the disguise of preventing further violence.

Consult your lawyer and weigh her evidence u/s 31 of the act that she has filed and state your reply accordingly .Now to enforce the protection order did she file a complaint at the police station that you threw her out .Than the police or the protection officer  has to come into the picture and enforce the protection order .  Now the witness can be your friends and neighbors who should be willing to come and testify in court that she left on her own. And you can always state that she is most welcome to stay with you or if she is unwilling you are ready to provide her rental accommodation .