One more avenue in DV cases to register FIR for Non-Payment of Maintenance.
The Hon'ble Madras High Court of Madurai Bench, in case of S. Amalraj Vs. State & Ors vide Order dated 06.03.2023 has clearly held that Police has jurisdiction to lodged First Information Report (FIR) under Section 31 of the DV Act for Non-Payment of Maintenance which is deemed to be breach of Protection Order under Section 18 of the DV Act and proceed in accordance with law.
So,now, FIR can be register for Non-Payment of Maintenance. And , in case, Police failed to lodged FIR for Non-Payment of Maintenance, then legal remedy under Section 156(3) CRPC can be pursued by the aggrieved party.
The above mentioned Order open door of one more Legal Remedy to the Victim and helpless Women who has suffered Domestic Violence.
This Order is giving more power to Women in India. Hence, it is a Welcome Order and must be celebrated by the Women in India.
https://acrobat.adobe.com/link/review?uri=urn:aaid:scds:US:c0c8b97c-f188-3590-9a50-4eeeb9422e4c