PRAMODINI VIJAY FERNANDES Vs. VIJAY FERNANDES

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) The parties are wife and husband. The Petitioner (wife) has filed a Petition for divorce against the Respondent (husband) under Section 10 of the Indian Divorce Act, 1869. The Petitioner has taken out a Petition for the protection of herself and her child under Sections 18, 19, 20, 21 and 22 of the Protection of Women From Domestic Violence Act, 2005 (DV Act). An order came to be passed under the DV Act on 19.7.2008. That order is stated to have been breached. The Petitioner took out an application under Section 31 of the DV Act upon violation of the order. The Family Court rejected the application on the ground that it did not have jurisdiction to pass any order under Section 31 of the DV Act. The Court also refrained from exercising its inherent powers under Section 151 of the Code of Civil Procedure (CPC). Section 31 of the DV Act lays down penalty for breach of protection of the order by the Petitioner. Section 31 of the DV Act runs thus:-

(3.) Section 31, therefore, lays down the specific procedure to be followed giving jurisdiction to the Magistrate who had passed the order to punish for breach of any protection order which is specified to be an offence committed by the party breaching the order under the DV Act. That offence is punishable as mentioned in the section. The orders under Sections 18, 19, 20, 21 and 22 may be passed by a Magistrate or by a Civil or Criminal Court under Section 26 of the DV Act where a proceeding was initiated before such Court. Section 26 of the DV Act runs thus:-