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rajesh   24 July 2016

Pre-requisite for the bond to be executed

Ld. Members,

 

My wife filed a false DV case against me in which she saught a separate residence under section 19 of the DV Act.

 

All the allegations are as usual false.

 

The section 19 (3) of the DV act reads as under

 

The Magistrate may require from the respondent to execute a bond, with or without sureties,
for preventing the commission of domestic violence

 

What is the pre-requisite for the bond to be executed? Does she need to prove DV to get the bond executed?

 

Does the Magistrate require the bond to be executed even without the DV being proved?

 

Kindly, explain.

 

raj

 



Learning

 2 Replies

Vibha   24 July 2016

  1. Is wife currently staying with you or separate?
  2. If staying with you, judge may make interim protection order. Bond is usually not insisted at interim stage.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     24 July 2016

Yes a bond is a rare scenario at the interim stage. The bond is basically an indertaking which is given by the signatory to the court. The same is usually enforced only after a final order is passed. Interim stage proceedings rarely include bonds.

Augustine Chatterjee

Advocate & Solicitor at Law

9999931153


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