maintenenace under sec.125/dv

@ Author

Implementation of Interim Maint. Orders either under S. 125 CrPC and or even under DV Act works on same penal procedures and "forum hunting for same cause" is not required otherwise file a third maint. case U/s 18, 20 HAMA and get civil implementation of Interim Order allowed whenever such orders under civil laws are passed !

 

Rajeev ji

Thanks a lot for your advice.

Does not  DV provide for immediate arrest in case of non implementation as one of its provisions, which is not provided by S-125 ?

What I found over net is :-

Section 31 of Protection of Women from Domestic Violence Act provides for penalty for breach of protection order. Under sub-section (1), a breach of protection order or of an interim protection order by the respondent shall be an offence and shall be punishable with imprisonment for a term which may extend to one year or fine or both. Section 32 provides that notwithstanding anything contained in the Code of Criminal Procedure, the offence under sub-section (1) of Section 31 shall be cognizable and non bailable.

Thus if interim/final maintenance is ordered it willl be diffciult for husband to not fillow order of giving maintenance under DV act which is a delayed and long process under 125 specially when property of husband has not been known to girl;s side ?Is not it?

DEAR NEELAM JI,

THE PENAL PROVISION UNDER SECTION 31 OF THE PWDV ACT APPLIES ONLY TO THE BREACH OF PROTECTION ORDERS PASSED BY THE COURT UNDER SECTION 18 OF THE ACT. SO THE NON COMPLIANCE OF THE MONETARY ORDER OR OTHER ORDERS UNDER SECTIONS 19,20 ETC DONT ATTRACT THE  SECTION 31. JUST LIKE ANY ORDER PASSED UNDER SECTION 125 OF THE CrPC, THE ORDERS PASSED UNDER SECTION VARIOUS SECTIONS OF PWDV HAVE TO BE EXECUTED / ENFORCED UNDER SECTION 125(3) CrPC ONLY. THERE IS NO SPECIAL OR FOR THAT MATTER ANY PROVISION IN PWDV ACT FOR ENFORCING THE POSITIVE ORDERS PASSED THER UNDER.
 

Neelham,

When interim granted to you, look into options how to get that executed. Dont unnecessarily file false cases on husband family to extort money.

As suggested above by experts, procedure wise it is same in 125 or DV. You are looking for money for your livelihood, just think about that aspect. Why do you want your husband or his family to be arrested without any reason ?

I agree with Tajob.

Sec 31 of DV has other implications.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com