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B S MURTHY   16 September 2021

Dvc order - enforcement procedure

In a DVC case the final judgement is over and order is issued to the respondents to pay the compensation amount.

But the respondent has not paid.  What is the procedure to be followed to enforce the above judgement/order?  Does it come under the CONTEMPT OF COURT ACT (Civil contempt) or any other Act / Rules like Domestic Violence Act . Please quote the relevant sections.

 

 

 



 2 Replies

Ziniya Singh   27 September 2021

Section 12 subsection (2) of The Protection of Women from Domestic Violence Act, 2005 provides that one may claim compensation for injuries caused by domestic violence committed by respondent and in Section 2 (k) 'monetary compensation' is defined. Lastly, Clause 6, section 20 of the act addresses the issue of failure on the part of respondent to pay the compensation, in which case the court may direct the employer or debtor of respondent to directly pay the aggrieved party or deposit it with the court a portion of his wages/ salary/debt which may be adjusted with monetary relief of the aggrieved party. As mentioned above in the relevant sections, the victim can enforce the judgement and file petition under section 20(6) of Domestic Violence Act to enforce the said order/ judgement. Same was held in K. Vinoth vs Renuka Devi (2018).

B S MURTHY   27 September 2021

Thank U. In fact, I was under the impression that when the DVC Order of the Court is not complied with, we can invoke CONTEMPT OF COURT ACT.

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