Execution of dv case settlement

Querist : Anonymous (Querist) 19 February 2023 This query is : Resolved
If a domestic violence case before a magistrate court settled in mediation, where can the execution be filed and how?

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kavksatyanarayana (Expert) 19 February 2023
This is ordinarily initiated by filing an Execution Petition in the court where the decree was passed within the 3 years period from the date of passing of decree orders.

Dr J C Vashista (Expert) 20 February 2023
Execution petition shall be filed before the referral (same) Court, i.e. where DV Case was initiated.
Surprise to find a case settled in mediation require filing of execution petition ?

P. Venu (Expert) 23 February 2023
What are the terms of the mediation? What is it that requires to be executed?

Querist : Anonymous (Querist) 26 February 2023
The respondent husband agreed to pay monthly maintenance of 2000/- each to the petitioner and her daughter. but complied only for 3 months. Now the arrear accumulates to 50,000/-. is there any procedure to attach and sell the immovable property of the respondent. Can we apply CPC in criminal court in DV case.?

Dr J C Vashista (Expert) 27 February 2023
File an execution petition before Trial Court.
The provisions of both (CrPC as well as CPC) are applicable in the case, besides adopting any other procedure u/s 28(2) of the Protection of Women from Domestic Violence Act, 2005

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