Can a Family Court apply whole Criminal Procedure Code to punish relatives of the husband for breach of execution order U/s 125 CrPC as in case of DV act in sec 31 (3)?
Rajeeeeeev (None) 01 July 2015
Can a Family Court apply whole Criminal Procedure Code to punish relatives of the husband for breach of execution order U/s 125 CrPC as in case of DV act in sec 31 (3)?
Adv. Chandrasekhar (Advocate) 01 July 2015
In Section 125 cr.p.c. the husband will be the respondent and if the order is passed against him, it can be executable against him only and not on his entire family. Even in the DV case also, only the person against whom the order is passed is liable, if there is a violation of the order. For example in DV if the maintenance order is against husband he is only liable. Same in the case of Protection Order. If the Protection order is passed against husband and his parents, then all are liable to prosecution, in the case of violation of such order.
But in case of DV, only if domestic violence is proved, can relief be provided under the asked section of the ACT, if domestic violence is not proved, no relief, so first the petitioner should prove that dv has occured, only then can judge order order protection orders under section 31 of the DV act.