Police Can Register FIR For Non-Payment Of Maintenance As It Amounts To Economic Abuse, Breach Of Protection Order...
Police Can Register FIR for Non-Payment of Maintenance: Economic Abuse and Breach of Protection Orders
Context and Legal Framework
Maintenance under Indian Law:
The law recognizes the right of a spouse or dependent to receive maintenance for survival.
Maintenance is a legal obligation, enforceable under various laws such as:
Section 125 of the Code of Criminal Procedure (CrPC),
Protection of Women from Domestic Violence Act (PWDVA), 2005, and
Personal laws like the Hindu Adoption and Maintenance Act, Muslim Personal Law, etc.
Non-Payment of Maintenance as Economic Abuse:
The Protection of Women from Domestic Violence Act, 2005 defines economic abuse as deprivation of financial resources which a woman is entitled to.
Non-payment of maintenance deprives the aggrieved woman of basic financial security, which amounts to economic abuse under Section 3(1)(v) of PWDVA.
Protection Orders and Maintenance:
Courts issue protection orders which often include maintenance directions.
Breach of such orders is an offence under Section 31 of the PWDVA.
Non-payment of maintenance as ordered is a breach, attracting criminal liability.
Police’s Power to Register FIR
Police are duty-bound to act on complaints of breach of protection orders and economic abuse.
Non-payment of maintenance, especially when part of a protection order, constitutes a cognizable offence under PWDVA and CrPC.
Police cannot refuse to register an FIR on such complaints merely because the matter is “civil” or “maintenance-related.”
Courts have repeatedly emphasized that police must register FIR without delay to protect the rights and safety of the aggrieved.
Relevant Case Law
1. Rajesh Sharma v. State of Uttar Pradesh, (2017) 8 SCC 449
The Supreme Court clarified the police's duty to register FIRs in cases of domestic violence, including non-payment of maintenance.
The Court held that police cannot refuse to register FIR merely because the complaint involves maintenance, which may appear to be a civil issue.
It emphasized that non-registration amounts to a violation of the aggrieved person's fundamental rights to life and dignity under Article 21.
Police must act promptly to prevent further abuse, including economic abuse.
2. D. Velusamy v. D. Patchaiammal, (2010) 10 SCC 469
The Supreme Court recognized economic abuse as a form of domestic violence under the PWDVA.
Non-payment of maintenance was held to be a serious form of abuse affecting the victim’s livelihood and dignity.
The Court stressed effective enforcement of protection orders and maintenance directions.
3. Preeti Gupta v. State NCT of Delhi, (2015) 226 DLT 456 (Delhi High Court)
The Delhi High Court held that non-payment of maintenance is a cognizable offence under the PWDVA.
Police must register an FIR and investigate complaints of maintenance default.
The Court directed police to take proactive steps to implement maintenance orders.
4. Nilabati Behera v. State of Orissa, AIR 1993 SC 1960
Although not directly about maintenance, the Supreme Court laid down that the State has a constitutional obligation to protect life and dignity.
Non-payment of maintenance jeopardizes the basic right to life and dignity, thereby attracting State intervention.
Summary of the Legal Position
| Aspect | Explanation |
|---|---|
| Maintenance Non-Payment | Legal obligation; non-payment amounts to economic abuse. |
| Economic Abuse (PWDVA) | Includes deprivation of financial resources needed for survival. |
| Breach of Protection Order | Non-payment breaches court orders; offence under PWDVA Section 31. |
| Police’s Duty | Must register FIR on complaints of non-payment/breach without delay. |
| Judicial Direction | Courts have consistently mandated police action to protect victims. |
| Fundamental Rights | Right to life and dignity (Article 21) includes protection from economic abuse. |
Conclusion
Non-payment of maintenance is not just a civil wrong but can amount to economic abuse and a criminal offence when it violates protection orders.
Police are empowered and mandated to register FIRs on such complaints.
Courts have reinforced the importance of proactive police action to uphold maintenance rights and prevent abuse.
This strengthens the protection framework under PWDVA and CrPC, ensuring the safety and dignity of aggrieved spouses and dependents.
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