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Salil Kumar Adv   30 January 2024

Domestic Violence case

Dear Sirs,
A wife has filed a complaint u / s 12 of Domestic Violence Act against husband and mother - in -law. Both these respondents have not appeared before the Magistrate court and case was decided exparte and all the Prayers of the wife was allowed in full. Respondents has got a notice u/s 33 (2) of the DV Act also. But, Still the respondents failed to appear before the court .
Now the respondents intent to set aside the exparte order of the Magistrate.
is the magistrate competant to set aside the order ? if yes , under what provision ?
or whether the respondents have to prefer an appeal against the exparte order u / s 29 of the DV Act before the District Court ?
order against the mother is that she is restrained from committing harassment on the wife alone. But against husband is that he Shall pay 15000 Rs Per month as maintanance and an amount of 300000 Rs as compensation .
How these amounts will be recovered ? whether the mother is liable for these amounts ? ( the maintan ance and compensation order is specifically to husband only). what is the remedy of the husband and mother ? please advise ?

Salil Kumar
Thalassery - 670101


 1 Replies

Pradipta Nath (Advocate)     25 March 2024

Simpy file execution petition for recovery of the amount before the concerned court where the order was awarded in your favor. In execution case you can pray for issuance for warrant agaisnt the respondents. Aside, if the appeal is filed agaisnt the exparte order, you can defend it. But I believe, the exparte order has to be filed through appeal under section 29 of the Act, and cannot be filed in the same court where order was awarded.

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