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karthik (advocate)     27 August 2011

Domestic violence act

Dear members,

An order was passed u/s.20 of DV Act directing the respondent to pay the petitioner a sumof rs.3500 pm. But the respondent did not comply the order and neglects to pay the petitioner.How can the order be enforced? Can i file petition u/s.125(3) of crpc and that too for arrears pertaining to 1 year? Is there any other provision in DV Act?kindly give your views.Kindly send me a copy of model petition for 125(3) crpc.


 6 Replies

M.Sheik Mohammed Ali (advocate)     27 August 2011

you may file same act for comply the order to respondent, i think you could not apply cr p c.

Shastri J.K. (Practice in The High Court of Chhattisgarh)     27 August 2011

I agree to M.Sheik Mohammed Ali

Arun Kumar Bhagat (Advocate (criminal))     28 August 2011

Make an application u/s 31 of the DV Act before the concerned Magistrate.

Muralidhar Mysore (Retired)     28 August 2011

Learned Counsels,

Namaskar ....and I appreciate each one of you for helping people who are really suffering under 498A, be it a woman or a man, but it is great to see that  all of you speak in the tone of upholding justice. Kudos to you all sirs.

This is the case of a blind man whose wife has deserted (went for delivery, she has a son) him 15 years ago (1997 to 2011) married in 1996 never lived with him nor in the house where she was brought as a daughter in law. He had a permanent job in HAL.. The first step she took was after  she permanently left that house instead of returning to the husband is of sending a legal notice for maintenace . 

The blind husband  was terminated (2003) on medical grounds, she being fully responsible for it visiting him at work place to gain sympathy and blackmailed him and he went into depression and trauma out of frustration.  She married him just because she saw a house in a prime locality, but unfortunately it is the totally self earned house of the her father in law.  She was chalak lady and never supported the cause but was cruel to the entire family throughout  looking at the helplessness of the old and ailing paretns and the blindness of the husband. 

After sufficiently waiting, the parents (no more now) decided in consultation with the blind son and filed divorce petition in 2001 but since they could not contest the case effectively, as the blind man could not depose himself in a state of shattered mental condition, depression and truama the case was withdrawn and there was RCR given by the Hon Judge saying that "husband should join the wife".  Could it have been wife should join the husband? Watever...  By then, he had lost his mother (2001), lost his permanet job in PSU (2003), father bed ridden and the blind husband was looked after with meagre pension of the father.   Ofcourse, they were ably supported by the two daughters, sons in law and grand childern but never involved in the legal matter but initially struggled to advise that lady which went in vain and now it is 15 yrs over.  Father died in Dec 2009 and the blind man had to be taken care of by the sisters as he became a biz zero as for as his source of income is concerned.     He stopped paying maintenance after he lost his job is also a point to be mentioned which was given from the date she asked for.

It is important to mention here that the father of blind, gifted away his self earned house in its entirety to his 2nd daughter through a REGISTERED GIFT DEED during his life time in 2008 itself out of love and affection which she richly deserved, as she looked after the ailng father and the blind brother, even the sisters  is dragged by the wicked lady (the appellant) as R2, R3( younger sister), R1 being the blind husband in the DV Case. Since the house has been gifted to R2 the sister to keep her in hook. 

As we say, God sees the truth but waits, the trial court after the conciliation failed for which we were totally against as the entire truth was with us, the hon Judge, primafacie rejected her (IR ) right to residence which she wanted to push through some how and dismissed it.  She did not consider it under sec 12 and 17 as requested in her IO that gave us great relief.  We know legallly the Appellant is not permissible to get right to residence in that house which is gifed away but still we had our own apprehensions.  The Hon Lady judge could see the difference between the innocent and mischevous.  The trial is still pending.

All through she has sworn that she has no one to support her and no earning, though she is an LIC Agent, earing good amount of commission which averages to Rs.10000=00 and may be more and she is well of with her son studying in a english school.  We dont know how is her other way of life, which people say is not worth mentioning.

Now she has appealed against that order in Sessions Court.  Importantly, we could catch hold of such an evidence that she is an LIC Agent even prior to 1996 and continues to hold license to do Policy business until 2014.  We have all records but it is not certified by the LIC branch to which she is attached. 

We visited the branch and gave our request letter to furnish us the details, though they were nice on face, though they acknowledged us in writing that they have sent our request for legal opinion, they are avoiding to give us an one line reply and trying avoid the matter by keeping quiet, let it be in the negative.    We have sent a reminder and another application under RTI for which they have not replied and we feel so sad about it.    We are yet to file our objections and would like to include her earing details which is a clinching evidence and prove to the court that she hid this information from the court of law and I am told, with this even the blind husband can ask for maintenance from the wife who deserted him without a reason.

My questions are...

What to do with the LIC or should we bring this to the noice the Hon Sessions Judge? We are angry with LIC as they are protecting such a woman..

We have documents (copy of License Card, computer print out of commission earned but not certified) and wat to do with it?

How to go about with this case further?  The blind man is in trauma and depression and has lost all confidence in that lady and feels that she is threat to him which he clearly mentioned it to the Hon Judges directly in the conciliation proceedings which has been noted by Judges positively and hence they never pressed further.

Another point, her cousel, made a point to the judge (even in their  written allegations) that the father in law of Appellant purposely gifted the property to the daughter just to deny daughterinlaws  right to stay there.  Look at it, that bloddy b*tch never wanted her husband but wants the house and money if any.....  What are your thoughts about it?

Importantly, the blind man, shattered completely mentally , is not very ready mentally to depose in trial court (we are sure under the circumstances no one can meddle with the house gifted) though we are encouraging him every opportunity and taking care of him and preparing him if at all he is called to the witness box.  What would be your able advise?

What do see the final outcome in this case?  We would not hesistate to challenge it in High Court and even in Supreme Court as we are determined to destroy her life, who destroyed the life of a blind man and caused the death of the old parents prematurely.

We know it is a long story but this is one typical case where 498 A is grossly misused and we wonder how her appeal was admitted in the first place, when there is no cause, incident and date as the appeal is just a bundle of lies.




We eagarly await for the reverred reply from all of you learned counsels.

May God Almighty bless you all with peace, prosperity and happiness.




R1, R2 and R3












G.G.Shaikh Advocate M:9898038990 (lawyer)     29 September 2011

i fully agreed with Arunkumar. you can file application against  respodent  under sec 31 of dv act . The Court can passed order of one year imprisment and 20,000/- faine.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     10 October 2011

You can apply under 31 of PWDVA, 2005 only.




Shonee Kapoor


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