1. The petitioner has filed this writ petition under Article 226 of Constitution of India seeking enforcement of order dated 28.02.2020 passed by the learned Principal, JMFC, Honnavar, in DV No.3/2013, under Section 12 of the DV Act in part.

2. The petitioner has filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the ‘DV Act’, for short) seeking various relief under the DV Act. The Magistrate, after hearing the parties, has passed the following order:

"ORDER

The application filed by the petitioner U/Sec. 12 of the Protection of Women from Domestic Violence Act, 2005, is partly allowed with cost.

As a result, respondent is directed to pay monthly allowance for sum of Rs.7,000/- to the petitioner from the date of petition

Further the respondent is also directed to pay sum of Rs.10,000/- towards the expenses of the proceedings

The relief claimed U/Sec.18 to 20 and 22 are rejected.

The monthly allowance and the expenses of proceedings including the arrears of interim maintenance so ordered shall be paid within 60 days from the date of order, failing which petitioner is entitle to take re-course to law

Furnish copy of this order to the petitioner and respondent fee of cost forthwith as per Sect.24 of Domestic Violence Act.”

Since the respondent has not complied the aforesaid order, the petitioner is before this writ petition.

3. Before considering the case we will examine the provisions of the DV Act.

4. The Protection of Women from Domestic Violence Act, 2005 , has been enacted with an object to provide for more effective protection of the rights of women guaranteed under the Constitution who are victims of violence of any kind occurring within the family and for matters connected therewith or incidental thereto.

5. Section 2 of the DV Act deals with Definition whereunder “aggrieved person” under Section 2(a) is defined as under:

“ 2(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.”

Chapter III of the DV Act deals with the “Powers and Duties of Protection Officer, Service Providers, etc.” Chapter IV relates to the “ Procedure for obtaining Orders or Reliefs” wherein Section 12 refers to “Application to Magistrate” whereunder sub-sections (1) and (5) of Section 12 of DV Act reads as under:

“ 12. Application to Magistrate.-

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act.

(5) The Magistrate shall endeavour to dispose of the every application made under sub-section(1) within a period sixty days from the date of its first hearing.”

6. Section 12 of the Protection of Women from Domestic Violence Act, 2005 speaks of an application to be filed before a Magistrate by an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person seeking one or more reliefs under the

7. Section 18 of therefers to the protection orders being passed by the Magistrate concerned.

8. Section 19 refers to the 'Residence Orders' being passed by the Learned Judicial Magistrate.

9. Section 20 of thespeaks of monetary relief being granted to the aggrieved person by the Magistrate in directing the Respondent to pay monthly relief to meet the expenses occurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of Domestic Violence and such relief may include but is not limited to

"a. the loss of earnings;

b. the medical expenses;

c. the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and

d. the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under Section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force."

10. As per Section 20 (3) of the above said Act, the Magistrate shall have the power to order an appropriate lumpsum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.

11. Section 20 (5) of thespeaks of the Respondent to pay the monetary relief granted to the aggrieved person within a period specified in the order under Sub-Section 1 of Section 20 of the.

12. Furthermore, Section 20 (6) of theupon failure on the part of the Respondent to make payment in terms of order under Sub-Section 1 of Section 20, the Magistrate may direct the employer or a Debtor of the Respondent, to directly pay to the aggrieved person or to deposit with the Court a portion of the wages or salaries or Department due to or accrued to the credit of the Respondent which amount may be adjusted towards the monetary relief payable by the Respondent.

13. In reality, Section 25 of therefers to the duration and alteration of the orders passed by the Magistrate concerned. As per Section 25 (2) of the Act, if there is any change in the circumstances and if the Learned Magistrate is satisfied on receipt of application from the aggrieved person or the Respondent, requiring alteration, modification or revocation of any order made under this Act, he may for the reasons to be recorded in writing pass appropriate orders as he deems fit

14. Section 28.-Procedure - (1) Save as otherwise provided in this Act, all proceedings under Secs.12, 18, 19, 20, 21, 22 and 23 and offences under Sec.31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

(2) Nothing in Sub-section (1) shall prevent the Court from laying down its own procedure for disposal of an application under Sec.12 or under Sub- Section (2) of Sec.23.

15. Section 37 deals with the Power of Central Government to make Rules. Central Government by exercising power under Section 37 of theframed the Rules called The Protection of Women from domestic Violence Rules, 2006. Rule 6 is with regard to Application to the Magistrate. As per Rule 6(5) of the Rules, any application under Section 12 shall be dealt with and the orders enforced in the same manner laid down under Section 125.

The combine reading of Section 12 and 20 of the DV Act read with Rule 6(5) of Rules, it is very clear that the order passed under Section 12 of thecan be enforced in the same manner as laid down under Section 125 of Cr.P.C. Section 125 and 128 of Cr.P.C. is extracted below.

"125. Order for maintenance of wives, children and parents.—(1) If any person having sufficient means neglects or refuses to maintain—

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate as such Magistrate thinks fit and to pay the same to such person as the Magistrate may from time to time direct:

Provided that the Magistrate may order the father of a minor female child referred to in clause (b) to make such allowance, until she attains her majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is not possessed of sufficient means:

[Provided further that the Magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the Magistrate considers reasonable, and to pay the same to such person as the Magistrate may from time to time direct:

Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person.]

Explanation.—For the purposes of this Chapter,—

(a) “minor” means a person who, under the provisions of the Indian Majority Act, 1875 (9 of 1875) is deemed not to have attained his majority;

(b) “wife” includes a woman who has been divorced by, or has obtained a divorce from, her husband and has not remarried.

[(2) Any such allowance for the maintenance or interim maintenance and expenses of proceeding shall be payable from the date of the order, or, if so ordered, from the date of the application for maintenance or interim maintenance and expenses of proceeding, as the case may be.]

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Explanation.—If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

(4) No wife shall be entitled to receive an 1 [allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section in living in adultery, or that without sufficient reason she refuses to live with her husband, or that they are living separately by mutual consent.

128. Enforcement of order of maintenance.—A copy of the order of [maintenance or interim maintenance and expenses of proceedings, as the case may be,] shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to [whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the [allowance, or as the case may be, expenses, due].

It is very clear from the above provisions that for enforcement of order passed under Section 12 of the DV Act, the parties have to file an application before the jurisdictional Magistrate and the Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines and may sentence such person.

In view of the above, the writ petition is disposed of reserving liberty to the petitioner to file a necessary application before the jurisdictional Magistrate as per the provisions of the DV Act read with the Cr.P.C.