FIR – Offence – Section 31 of the DV Act – Order for maintenance, residence and compensation

By the order dated 30.6.2017, the trial Court directed the petitioner to provide separate accommodation of one room, one kitchen & one bathroom, compensation of Rs.10,000/- and maintenance of Rs.4,000/- per month to the complainant.

The petitioner failed to pay arrears of maintenance and provide accommodation.

On 30.12.2017, the trial Court passed an order under Section 156(3) of Cr PC.   On 7.1.2018, the FIR was registered for offence under Section 31 of the DV Act.

Section 18 defines various  “protection orders” in clauses (a) to (g) which can be passed under the DV Act.

Section 19 deals with residence orders.

Section 20 deals with the monetary reliefs and section 20(d) provides for maintenance.

Section 31 of the Domestic Violence Act provides for penalty for breach of protection order by the Respondent as an offence punishable with imprisonment upto one year or fine of Rs.20000/- or both.

However, the monetary order is not defined as “protection order”. 

HELD that the order for maintenance, compensation and residence does not fall within the definition of “protection order” and therefore, the violation thereof is not an offence under  Section 31 of the DV Act.

Judgment dated 25.4.2025 of the High Court of Himachal Pradesh in Cr.MMO No.1079 of 2024 of Akshay Thakur  Vs.  State of H.P. and others