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Judgment
This petition has been filed under Section 482 Cr.P.C. for quashing of order dated 19.08.2019, passed by the Additional Civil Judge & Metropolitan
Magistrate No.20, Jaipur Metropolitan, Jaipur vide which application submitted by the complainant-petitioner under Section 31 of the Protection of
Women From Domestic Violence Act, 2005 (for short, 'the Act of 2005'), has been dismissed.
Learned counsel for the complainant-petitioner submits that in the proceedings of the domestic voilence, learned trial court issued a protection order
in the form of maintenance allowance of Rs.5,000/- per month. On non-payment of the maintenance allowance, the petitioner filed an application
under Section 31 of the Act of 2005, but learned trial Court has dismissed the same in cursory and illegal manner, hence, the petition deserves to be
allowed.
On scrutiny of the matter in light of relevant provisions of the Act of 2005, it is clear that Section 31 of the Act of 2005, makes the breach of
protection order punishable whether it is interim or final. But, as per Section 18 of the Act Protection order does not include the order of maintenance
allowance, hence, no illegality has been committed by the trial Court.
As a result, the petition is hereby dismissed.