Zuniee (Engineer) 21 December 2017

Can execution of arrers to be contd even after disposal ?

Respected Learnd...

In a DV case, o/p has filed application u/s 20(6) of PWDVA to asking interim maintenance arrears to be paid or salary should be attached to recover the same, (application filed during her cross examination to which Hon'ble court said we are in middle of trial, so I will ask the registry to register a seperate cril.Misc case for it.) And, Trial completed and judge has rejected the main petition but seperate Crl.Misc (for recovery of interim arrears ) is still running and judge has FLW. I
have following questions, for your kind consideration please:

1. Can magistrate ask registry to register a seperate case onbehalf petitoner ?

2. Is application u/s 20 (6) of PWDVA is similar to execution petiton or the section itself is for executing the orders

3. Techinically how it is valid to run execution or such application which related to interim orders when main petition is rejected by the court.

4. How to get stay or quashed for this Seperate Crl.MIsc proceedings.

Thanks ahead!

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2 Replies

(Guest)

Once main petitoin is dismissed, interim orders wont hold any value. Wife can at the most ask costs? I doubt. If you were having trouble, and you wont case you would have got relief, without winning case you want life time maintenance? and want to file execution petition for arrears of IA due? Not possible. as main petition itself is dismissed, costs also cannot be ordered.