Breach of monetary relief under Domestic violence Act-Procedure u/s 125 of crpc should be followed
A perusal of Section 20 of the Act of 2005 reveals that exhaustive procedure for the execution of monetary relief has not been laid down in this Section because sub-Sections (4) and (5) of Section 20 provide the consequences to an order of monetary relief. Sub-Section (6) of Section 20 of the Act of 2005 entitles the Magistrate to direct the employer or debtor of the respondent to directly pay to the aggrieved person or to deposit with the Court a portion of wages or salaries or debt due or accrued to the creditor of the respondent towards the monetary relief payable by the respondent. However, this provision is limited to the person who may have accrued credit or is a salaried person, but in case of a self-employed person, this provision would be of no help to the claimant.
8. Resultantly, the Court would have to fall back-on to the procedure provided under Sec. 28 of the Act of 2005, which lays down that the Courts shall be governed by the general provisions of the Code of Criminal Procedure in relation to the proceedings under Sections 12, 18, 19, 20, 21, 22 and 23 as well as for the offence under Sec. 31 of the Act of 2005. Sub-Section (2) of Section 23 of the Act of 2005 provides for a procedure to be laid down by the Court on its own for the disposal of an application under Sec. 12 or sub-Section (2) of Section 23 of the Act of 2005. The procedure, which the learned Court below can adopt is limited to the disposal of the application, but for execution of the order, a resort has to be had to the general provisions of the Code of Criminal Procedure.
9. Resultantly, this Court is of the opinion that the provisions of the Code of Criminal Procedure in relation to execution of the order under Sec. 125Cr.P.C. have to be resorted to by the Court below for giving force to the order of monetary relief.
Equivalent Citation: 2013CriLJ85, I(2013)DMC662, 2012(4)WLN210
IN THE HIGH COURT OF RAJASTHAN
Decided On: 13.02.2012
Appellants: Kanchan (Smt.)
Vs.
Respondent: Vikramjeet Setiya
Vs.
Respondent: Vikramjeet Setiya
https://www.lawweb.in/2013/05/breach-of-monetaryrelief-under-domestic.html
