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Sachin Desai (Others)     10 June 2022

What happens after the domestic violence case is disposed in favor of complainant

What is the procedure after the case has been disposed in favor of complainant in DV case.

How will monetary claim process be initiated? 

Is it an execution petition ?

If yes which court would handle it.

How to appeal such a case that is disposed is it in the same court or in a different court.



Learning

 5 Replies

P. Venu (Advocate)     10 June 2022

You have not posted the complete facts.

Janak Raj Vatsa (Advocate) (Lawyer consultant)     10 June 2022

You need to appeal against the judgement of the court in higher court. 

Sravika Reddy Kohir   10 June 2022

1)     Hello Sachin Desai, I acknowledge your question. Yes, through execution petition you can claim monetary relief for it under section 20 of the Domestic violence Act, for it to be claimed you need to prove that you are an aggrieved person as per section 3 of DV Act. The magistrate has the power to order such an order of monetary relief.

You can also approach to magistrate under section 125 of CrPC too. Whereas for appeal it shall go to the high court if the order is granted by the magistrate court.

 I hope I have answered your query, if there is any other query do drop here.

Have a good day.

Sachin Desai (Others)     14 June 2022

Thank you all the repected counsels to take your time and reply to my query.

I have learnt that my case is being transferred as part of the batch transfer of cases as the counsel represting complainant has leveled allegations againt court.

Can the transfer be appealed?

Sudhir Kumar, Advocate (Advocate)     15 January 2023

what are  the facts of the case. 

 

What do you achive by opeining multiple threads with half (or no) facts.  None can appreciate your difficulty this way and no clear view can be formed sufficent for giving you advise.


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