Regardingd.v.act

JAYARAJ, NOTARY PUBLIC (Querist) 17 December 2014 This query is : Resolved
Dear Experts,
The magistrate court has passed an order against the respondent to handover the jewels and compensation amount to aggrieved person in Domestic Violence case. The respondent not obey the order of the Court in time. Then the aggrieved person filed an affidavit petition before the court u/s 31 of D.V Act to execute the order. But the court returned the petition with reason that u/s 31 of D.v. Act apples only for breach of protection orders not other orders. The order passed by the magistrate court in D.V. cases is whether protection order or not?

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Devajyoti Barman (Expert) 18 December 2014
File execution proceeding to get return of the same.

Rajendra K Goyal (Expert) 18 December 2014
You can go for appeal if aggrieved. Can file execution of the previous orders.

ajay sethi (Expert) 18 December 2014
take out contempt of court proceedings against husband for failure o comply with order of magistrate

Nadeem Qureshi (Expert) 18 December 2014
Dear Querist
The order passed by the magistrate is not protection order, hence the application u/s 31 of D.V. Act is not maintainable.

you may file a contempt of court complaint against him before concerned court or High Court.

you may file an execution petition for execute the order and pray for the attachment of property/person order in your execution petition.

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Guest (Expert) 18 December 2014
As advised by Shri Ajay Sethi, contempt of court can prove to be more effective and expeditious solution to the problem.