Respected Sir,this query is for my sister.
Ex-parte order in her DV case was passed in oct 2015.
The order was ex-parte because the opposite party never appeared in the case,neither did he
submitted his WS.
After passing of the appeal period,my sister filed execution under section 20 for the monetary relief
granted.
Summons were issued to the opposite party through registered post but he did not appear.
Now on the second hearing of the said execution case,the magistrate is asking our counsel to file a
complaint case under section 31 of DV instead of section 20.
The opposite party is having his own business and his company is registered under Ministry of
Corporate Affairs.
Now because of this the magistrate cannot pass order under section 20(6)which is for salaried persons.
One more important point to add here,it was clearly mentioned in the order that the husband & the
inlaws will not commit domestic violence again in future, but after passing of the order(oct 2015) my
sister's husband is continuously harrasing & threatening her through sms & whatsapp to withdraw the
case & he is pressurizing her for settlement outside court.
Also he has been putting every kind of dirty allegation on her character as well as abusing her & my
family.
Isn't this a breach of protection order??
If yes then kindly guide me how to proceed further.
i)Whether to file complaint case for breach of protection order under section 31+ execution of main.
under section 20?
ii)File separate case under section 31 giving the electronic evidences of messages etc?
Kindly throw some light on this matter as how to prepare a petition in such scenario when the recovery
option from self-employed persons is itself not clearly mentioned in the DV act.
Kindly reply as its an urgent matter.
Thanks.
