Dv act - execution of interim maintenance

Rohit (Querist) 13 September 2017 This query is : Resolved
My sister filed DV case against her husband and interim maintenance of Rs. 4000 has been awarded by the court in Nov, 2015. My brother-in-law is Govt. Electricity board employee earning Rs. 30000+ per month but still 13 months interim maintenance is pending. Now, we want to file execution.

Our Advocate is going to file the execution as per Section 125(3) for the pending interim maintenance awarded under DV ACT. I have consulted some other local lawyers. They are telling that one should file u/s 21 of DV ACT.

I am really confused. Kindly help me and notify that whether we should go with 125(3) here or Sec 21 of DV Act for Execution here. Thanks very much

P.S - No protection or other orders being given by Court. Only interim maintenance being awarded by it.

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Ms.Usha Kapoor (Expert) 14 September 2017
Dear Client,

You should give preference for execution of decree of maintenance u/s 21 of DV Act and can also file for execution of additional maintenance decree u/s125(3) Cr.P.C. subsequent to that. Please click the following link for further information on this issue.
http://www.dnaindia.com/india/report-woman-entitled-to-additional-maintenance-under-domestic-violence-act-2056092

Adv. Yogen Kakade (Expert) 14 September 2017
In the other query posted by you, you want to go for proceedings under 498A.. Get guidance from you lawyer.. he/ she shall be the best person to guide you.

Rajendra K Goyal (Expert) 14 September 2017
Agree with the expert Yogen Kakade.

Guest (Expert) 14 September 2017
Well agreed by Mr.RK Goyal

Rohit (Querist) 16 September 2017
Respected Sirs - Someone only approaches this forum when one is not convinced with the approach/suggestions of the local lawyer. One can authenticate the approach of local lawyer through your kind expert advice. Believe, that is the only purpose of this platform else we find local lawyers everywhere. Wish you will take this in right spirit and keep helping the aggrieved persons as you have been doing till now. Thanks very much