DV Act every Order is a Protection Order

S. Amalraj v Kanikkaimarry, Crl.O.P. (MD) No. 15704/2018, Madras High CourtThe above petition was filed by the husband under S. 482 CrPC to quash the FIR filed against him u/s 31 of the Protection of Women from Domestic Violence Act (DV Act) stating non payment of maintenance does not amount to breach of protection order. The Court held that S.31 is a key provision and heartbeat of the DV Act to regulate the violator of protection orders passed under S. 18. The question as to whether the law enforcing authority has jurisdiction to register a Criminal Case under S. 31 of the Act for non-payment of maintenance allowance which is deemed to be breach of protection order under S. 18 of the Act, is answered affirmatively and the law enforcing authority has jurisdiction to register the case and proceed in accordance with law for every breach of order without any legal bar for the reason that each breach of order amounts to a continuing offence‘ The court held that registration of the FIR by the police could not be faulted with. This Court without any ambiguity held  that non-payment of maintenance allowance would amount to economic abuse and the same will very well come under the umbrella of breach of protection order.