Section 31 of the Protection of Women from Domestic Violence Act is the only provision for punishment for breach of protection order and offence is triable under the provisions of the Criminal Procedure Code.
Domestic Violence Act 2005
The Magistrate may pass protection order under Section 18 of the DV Act, thereby prohibits the abuser to commit an act of domestic violence. This order is prohibitory in nature and protects the aggrieved person from any kind of violence in the shared household
Section 2(s) defines the shared household in respect of women living in a domestic relationship. The word shared household has a wide meaning and includes therein tenanted house. A house of a joint family is also treated as shared household.
According to section 17 of the Protection of Women from Domestic Violence Act, 2005, an aggrieved person is entitled to reside in the shared household. Section 19 empowers the court to pass a residence order and enforce her right to reside in a shared household.
The aggrieved person can invoke section 17 of the Domestic Violence Act for a residence order. This order entitles her to reside in the shared household whether or not she has any right or title in that household. She has not been evicted from that house except by order of the court.
An aggrieved person can file application before the Magistrate for seeking any relief provided under the Protection of Woman from Domestic Violence Act 2005. A protection officer or any other person can also file such complaint on behalf of the aggrieved person.