The High Court of Telangana passed a judgment on 28th April 2023, stating that Under Rule 15(7), if there is any resistance to the enforcement of the protection order as ordered by the Court either the respondent or any other person acting on his behalf can be dealt with under Section 31 of the Act.It was stated in the case of C.D.Ravindernath v. Srilatha (Criminal Petition No.7033 OF 2022 ) which was passed by the single judge bench comprising of HONOURABLE JUSTICE K.SURENDER
FACTS OF THE CASE:
The petitioner in Criminal Petition No.7027 is the husband of the 1st respondent and petitioners in Criminal Petition No.7033 of 2022 are the husband, mother-in-law and brother-in-law of the 1st respondent/wife. The 1st respondent/wife filed DVC No.46 of 2014 and the Court had granted maintenance of Rs.10,000/- per month to be paid to the respondent/wife and Rs.20,000/- per month to the son, which includes medical and educational expenses. The amount was directed to be deposited into the account of the respondent/wife. It was also ordered that compensation of Rs.10.00 lakhs to be paid by all the respondents, who are the husband, mother-in-law and brother-in-law. For the reason of not paying the compensation amount as directed and also the maintenance, which was directed to be paid by the husband, two different applications were filed under Section 31 of the Act to take cognizance and punish the petitioners in accordance with Section 31 of the Act
JUDGEMENT OF THE CASE
It is incorrect as found by the learned Magistrate that Rule 15(7) of the Rules, applies to every violation under DVC Act and can be prosecuted under Section 31 of the Act. 21. In the result, the proceedings against the petitioners 1 to 3/A1, A2 and A4 in STC No.3 of 2022 and against petitioner/accused on the file of II Additional Junior Civil Judge- Additional Metropolitan Magistrate, Cyberabad at Malkajgiri, are hereby quashed. Accordingly, both the Criminal Petitions are allowed. Consequently, miscellaneous applications, if any pending, shall stand closed.
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JUDGEMENT REVIEWED BY ROSHNI SABU, KERALA LAW ACADEMY LAW COLLEGE.
