Domestic Violence -- Personal Bond -- Bond Not Executed by Husband as directed by Court-- Recovery warrant cannot be issued for breach of undertaking of not committing violence against wife
(i) Protection of Women from Domestic Violence Act, 2005, S.19(3) -- Domestic Violence -- Bond Not Executed by Husband -- Amount named in order to furnish bond is the amount of the bond to be executed, not a sum recoverable from him -- Forfeiture and recovery presuppose a bond that was executed and then breached -- Recovery warrant cannot issue without execution of bond. (ii) Protection of Women from Domestic Violence Act, 2005, S.19(4) -- Domestic Violence -- Forfeiture of Bond on Breach -- Order for bond is dealt with under Chapter VIII of Code of Criminal Procedure, 1973, or Chapter IX of Bharatiya Nagarik Suraksha Sanhita, 2023 -- Court must record grounds of satisfaction, call on person to pay penalty or show cause, and recover as fine only if cause is not shown -- Amount does not become recoverable on mere allegation of breach. (iii) Protection of Women from Domestic Violence Act, 2005, S.28(2) -- Domestic Violence -- Own Procedure of Court -- Power to lay down own procedure does not remove the statutory requirements for forfeiture of an executed bond.
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