Men Rights India

Fight against Legal Terrorism

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 โ€“ bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » Family court can levy penalty for protection order violation under PWDVA (DV Act)

Family court can levy penalty for protection order violation under PWDVA (DV Act)

24 Feb 2010 By videv Leave a Comment

Mumbai high court has said that family court has the jurisdiction to levy penalty for violation of protection order under PWDVA (Domestic violence act).
It is another matter that the obscene fart called PWDVA states that a protection order violation is ruled merely on verbal complaint without any verification/corroboration, so it remains to be seen if the family courts will now get clogged by false cases by women about violation of protection orders, and drive out the truly needy women.
http://timesofindia.indiatimes.com/city/mumbai/Family-courts-can-punish-those-flouting-DV-Act-HC/articleshow/5601140.cms

๐Ÿ‘‰(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act ๐Ÿ‘ˆ

MUMBAI: The Bombay high court has held that family courts can try and punish persons for violating protective orders passed under the special law to protect women from violenceโ€”the Domestic Violence Act. Justice Roshan Dalvi rejected the argument that only a magistrate is empowered to conduct trials in such cases.
โ€œAn interpretation of a legislation, specially a protective legislation as the DV Act, must be such as to enhance justice and not to frustrate it,โ€ said the judge.

Under the DV Act, the courts can pass protection orders, that include directions to the accused to cease from continuing with acts of violence against the victim woman or child. It can also pass restraining orders, prohibiting the accused from entering the victimโ€™s place of work or trying to communicate with her. Section 31 of the DV Act, says any violation of the protection order can result in criminal proceedings and if held guilty, the accused can be punished with a jail of up to one year and or a fine of Rs 20,000.

The court was hearing the case of Pune-based woman, who while pursuing a divorce case against her husband in the family court also sought protection for her self and her child under the DV Act. When the woman complained of a breach of the protection order, the family court ruled that it did not have the jurisdiction to try the case.

However, the husbandโ€™s lawyers said that while the family court could grant an order for protection from domestic violence, it had no jurisdiction to levy penalty for breach of the order. The criminal proceedings can only be heard by a magistrate, his advocate claimed. The HC did not agree. โ€œThis would be to say that the law which grants the relief does not grant the remedy.

READ:  DV rules โ€“ Email version 1

Questions about this Article?

Ask in Telegram Group Men Rights India Q&A  (Also include link to this Article when you post question)

๐Ÿ‘‰Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony

Related Posts

No related posts.

Filed Under: Uncategorised Tagged With: PWDVA(DV Act)

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines:

๐Ÿ‘‰Kannada/ Hindi/ English: Call Sharath +919738010456
๐Ÿ‘‰Free guidance (10-15 min)
๐Ÿ‘‰Paid Guidance (For 30 min or more), click to pay

Join our WhatsApp/Facebook groups

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India


Take Quizzes to test your legal knowledge!

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


๐Ÿ‘‰(Read Online eBook)๐Ÿ‘ˆ
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Contribute via UPI: videv@upi / videv@icici / videv@paytm

Today’s Popular Posts

  • How to fight false cases of DV, maintenance, CrPC…
  • How to complain against judges of trial courts, High…
  • Procedure of CAW (Crime against women) cell,…
  • How to handle allegation of impotence by wife
  • Basic Cross-examination techniques in matrimonial…
  • Email addresses of prominent journalists and newspapers
  • IPC 498A bare act
  • How to Fight and Reduce Maintenance under CrPC 125…
  • Advice to women on IPC 498a, DV case, maintenance,…
  • Section 41, 41A, 41B of CrPC which govern arrest by…

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, itโ€™s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going onโ€ฆ.


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Grounds for FIR Quash – 1

6 Aug 2009 By videv Leave a Comment

False dowry harassment aka 498a case ground for divorce, says Supreme Court

25 Nov 2014 By videv 19 Comments

Video: Women’s Reservation Bill – A Necessity? Or just going with the trend?

28 Nov 2015 By videv Leave a Comment

Do men see societal structures oppressing them?

12 Mar 2010 By videv Leave a Comment

Compoundable and non-compoundable IPC offences under CrPC 320

18 Dec 2014 By videv 3 Comments

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • Rajesh on Advice to women on IPC 498a, DV case, maintenance, divorce etc.
  • DHAVAL JOAHI on Visitation rights – 1
  • videv on Procedure of CAW (Crime against women) cell, counselling/mediation etc
  • videv on Complaint against male abuse in Asian Paints Damp Proof advertisement -advertiser advised by ASCI to modify or remove it
  • Gurpreet Singh on Procedure of CAW (Crime against women) cell, counselling/mediation etc

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 โ€“ bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
    • Free and Paid eBooks on Law Basics, Maintenance, Divorce, Child Custody, Alimony
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts