We had filed an application under Section 31 of the Protection of Women from Domestic Violence Act, 2005, highlighting the deliberate and repeated violation of protection orders dated 28.06.2024 and 11.12.2024 by the respondent. These orders had expressly restrained the respondent from making any contact with the complainant without her consent. However, the respondent continued to send obscene photographs and messages, thereby causing our client serious mental distress and emotional trauma.
In support of this application, we placed on record relevant documents and screenshots demonstrating the said violations. The Hon’ble Court had earlier granted the respondent a last and final opportunity on 07.03.2025 to file a reply, but no reply was filed, nor did the respondent appear before the court on the subsequent hearing date. In view of this, the Hon’ble Court was pleased to close the respondent’s right to file a reply and proceeded to consider the application on its merits.
After hearing our submissions and examining the material on record, the Hon’ble Court observed that the respondent had indeed violated the protection orders by contacting the complainant and sending her obscene content, which also amounted to further acts of mental cruelty. Consequently, the Hon’ble Court allowed our application under Section 31 of the PWDV Act, holding that a prima facie case was made out under Section 31 of the PWDV Act, Sections 506 and 509 of the IPC, and Sections 66 and 67A of the Information Technology Act, 2000. The court directed the concerned SHO to register an FIR under these provisions and submit a compliance report through the DCP concerned within one week. Accordingly an FIR has been registered against the respondent in this regard.