Domestic violence

Querist : Anonymous (Querist) 09 August 2011 This query is : Resolved
A petition was filed u/s.20 of domestic violence act and maintenance was ordered. But the respondent was not paying the maintenance as per the order. Under what provision petition has to be filed to enforce the order? Kindly give your views.......

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ajay sethi (Expert) 09 August 2011
With regard to the execution of the order relating to monetary reliefs Section 20 (6) of Protection of Women from Domestic Violence Act paves the way to the petitioner to approach the trial Court so as to execute the Order. Section 20(6) contemplates that; "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." Section 20(5) envisages that; "The respondent shall pay the monetary relief granted to the aggrieved person within the period specified in the order under sub-section(1)."

Ajay Bansal (Expert) 09 August 2011
If respondent is not paying the maintenance,then file an application u/s 20[5] of PWDV Act.Even after filing of said application maintenance is not paid,then file an application under Contempt of Court Act.

Guest (Expert) 09 August 2011
i agree with the experts

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