Domestic Violence Act C

Chetan (Querist) 29 August 2010 This query is : Resolved
In the Domestic Violence Case the Court awarded Rs. 1200/ p.m. to the applicant

The Applicant filed application for recover of that amount u/s 125 CrPC

Whether it is tenable ?

Whereas there is specific provision in DV Act to recover such amount

Pls guide and provide citations

Regards

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Devajyoti Barman (Expert) 29 August 2010
Yes it is admissible s the Act provides for its implementation through section 125(3)crpc.

Adv ramesh chheda (Expert) 30 August 2010
yes under rule 6(2) of the act, it is spcifically provided that for the recovery of the award amount provisions of section 128 of cr.P.Code shall be made applicable.
besides this aggrieved person can also make a police complaint for the recovery of the amount awarded.
and can file one more application, and then obtain protection award.on obtaining protection award, on breach of same, complaint can be filed u/s. 31 of the act which is again non bailable offence.

adv. rajeev ( rajoo ) (Expert) 30 August 2010
DV act is like a Criminal misc., case u/s 125 of cr.p.c.

Prof.A.S.Dalal (Expert) 30 August 2010
Dear author Domestic voilence Act and Cr P C are coplementing each other. So mtce. awarded under domestic voilence Act can be recovered under s125 of CrPC

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