Domestic Violance Act 2006
Querist :
Anonymous
(Querist) 21 April 2011
This query is : Resolved
a lady file complaint against her husband u/s 12 of domestic violance act. court pass interim order for 1500/- p.m and issue notice to her husband after notice he appear on first hearing inperson and after that he proceed ex-parte. court dismissed the application of complainant after 3 year and in judgment he also mentioned that all interim order if any are also set aside. Now the question arised that can complainant can file execution for the amount till date of judgement.
Devajyoti Barman
(Expert) 22 April 2011
Yes if the judgment did not give retrospective effect of the order of dismissal.
Querist :
Anonymous
(Querist) 23 April 2011
Arun sir if wee take a plain reading of sec. 20 it is a clear cut provision for mode of recovery under sub(6) of sec.20 of the said act
20. Monetary reliefs.-
(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include, but not limited to,-
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force.
(2) The monetary relief granted under this section shall be adequate, fair and reasonable and consistent with the standard of living to which the aggrieved person is accustomed.
(3) The Magistrate shall have the power to order an appropriate lump sum payment or monthly payments of maintenance, as the nature and circumstances of the case may require.
(4) The Magistrate shall send a copy of the order for monetary relief made under sub-section (1) to the parties to the application and to the in charge of the police station within the local limits of whose jurisdiction the respondent resides.
(5) The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section (1).
(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.
Arun Kumar Bhagat
(Expert) 24 April 2011
It has become time barred after one year from the date of order. No application u/s31 can be filed now by the wife.
When interim order is set aside then there is no question of claiming maintenance.
Querist :
Anonymous
(Querist) 28 April 2011
R/sir,
Dn`t mind but can you told me under which law mention that sec. 20 (6) is time barred after one year. sir i think its mode of execution unde D.v Act
