Delhi High Court: Domestic Violence Act Aims to Support Victims, Not Jail Defaulters
The Delhi High Court has ruled that individuals cannot be jailed under Section 31 of the Domestic Violence (DV) Act for failing to pay court-ordered maintenance. Justice Swarana Kanta Sharma explained that Section 31 only applies to breaches of “protection orders,” not “monetary relief” under Section 20 of the Act.
The Court emphasized that the primary goal of the DV Act is to protect, rehabilitate, and support victims, not to immediately criminalize defaulters. It stated that enforcement of monetary relief is intended to ensure financial security for victims rather than to punish those unable to pay.
Alternative Legal Remedies for Non-Payment
The Court clarified that there are specific legal procedures available for recovering unpaid maintenance. In the case of salaried individuals, the amount can be deducted from their salary or recovered from their debtors. Additionally, the affected person can seek legal remedies under the Code of Criminal Procedure (CrPC).
Case Background
The ruling came after a man challenged a trial court’s decision to summon him under Section 31 for allegedly failing to pay interim maintenance to his estranged wife. The wife had previously secured a court order requiring him to pay ₹45,000 to her and ₹55,000 to their daughter. However, when he failed to comply, she sought to initiate criminal proceedings.
The petitioner argued that his non-compliance with the maintenance order should not have led to a Section 31 summons, as this section only applies to violations of protection orders. The High Court agreed, ruling that monetary relief orders do not fall under the category of protection orders.
Court’s Final Decision
The Delhi High Court found merit in the petitioner’s argument and ruled that non-payment of maintenance must be dealt with under Section 20(6) of the DV Act and relevant CrPC provisions. It quashed the trial court’s order summoning the petitioner under Section 31, reaffirming that the DV Act is meant to provide financial and emotional security to victims rather than act as a tool for immediate criminal punishment.
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