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Sagar Gour (A Visitor of this Forum)     04 September 2014

Non-compliance of order - what now

Under Application u/s 12 PWDV Act, 2005, Court awarded relief to the wife as 1. Rs. 5000/- for maintenace of minor child til the age of his majority, 2. Compensation of Rs. 20,000/- to the wife and 3. under right to residence court awarded a flat in the same house where she was living OR any other flat as per the convenience of the Husband.  (Property in which the flat is located is in the self earned property of the motherin-law of the wife)


Mother-in-law of the wife obtained restraining orders from civil court hence wife can not enter into that house.

 

Husband paid all the amount awarded to the child and the compensation amount in full.

On the part of flat husband requested the court that under option "any other flat as per his conveniance"  he is ready to pay rent to the wife to satisfy the residence orders. To which both the trial and session court denied and forcing the husband to give one flat out of the property of his mother.


Previously court sent the husband into jail without adopting any procedure u/s 31 of PWDV act. (without complaint and without FIR)

Session court released the husband and remanded back the the case to consider the need of section 31 of the act.

 

Now again trial court paased orders to lodge an FIR against the husband.

 

My Question is :

Is wife left with with any claim on the  as the husband has already been convicted and spent approx 3 months into jail.

 



Learning

 2 Replies


(Guest)

You are constantly prejudiced in terms of procedure and judgement . You need to file writ petition U/A 226 before high court. Contact your lawyer and let me inform what he has to say on this.

 

ESIS

Sagar Gour (A Visitor of this Forum)     05 September 2014

Dear sir (Every Sufferer is a Saviour...

Thanks for your kind reply, I sure be discuss the same with my lawyer and inform you accordingly.


Thanks


Sagar Gour


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