Dv and 125 crpc

Mohd. Khalid Quraishi (Querist) 25 December 2014 This query is : Resolved
if somebody is issued an order by the court US 125 crpc for the maintenance that has to be given 3000 thousand rs per month to her wife and husband has no property and he doesn't go to court after on dates than
will it be issued any NBW or Anything else
or decree for DV is the same question

Follow Query

Report Abuse

ajay sethi (Expert) 25 December 2014
wife can apply to court for execution of order of miantenance . if husband does not comply with court he can go to jail for failure to comply with court orders

R.K Nanda (Expert) 25 December 2014
if husband fails to comply court order then he can be sent to jail by court.

Rajendra K Goyal (Expert) 25 December 2014
File execution of court orders. If not complied, he can be sent to jail.

Dr J C Vashista (Expert) 26 December 2014
Dear Mohd. Khalid Quraishi,
Complaint case u/s 125 Cr. PC is a civil case for all purposes(although it is provided in Cr. PC). If execution is unsatisfied the JD may be sent to civil imprisionment (non-recordable) for not more than 30 days in one time, which may be extended further till non-realisation of awarded amount (or part thereof, till satisfaction of the Court).
POWADV Act, again is a unique enactment/ legislation in itself wherein the Magistrate may adopt its own procedure, CPC or Cr.PC depending upon the circumstances suiting to the benefit of aggrieved person.
However, both provisions of law, as you will agree with me are heaviely favouring the female complainant.