Tarachand 28 July 2017

Section 437 (5) of crpc

Sirs/Mams

Wife field Contemt Application u/s. 31 of Domestice Violence Act against Husband for breach of Interim Order

Husband was arrested and released on Bill on condition to comply the interim order within 15 days

But Husband failed to comply

Hence, Wife filed application u//s. 437(5) of Cr. P.C. for cancellation of Bail and for arresting Husband

Copy of this Application was also given to Husband

On next date again the Husband did not Comply and the argument on the above application was done and the Hon'ble Magistrate

gave last chance to the Respondent to comply within 15 days otherwise the interim Order shall be executed with help of Police

Now timorrow is the next date

What should I do

Whetehr do I need to make any appliction before Magistrate foe execution of Interim Order

Guide

Regard

HARIOM

Reply Follow

6 Replies

Tarachand 28 July 2017

Additions in the above Querry

In the emantine, the Husband had filed Transfer Petition u/s. 410 of CR PC before CJM for transfer of case which was rejected

Now before 5-6 days the Husband has filed Transfer Petition u/s. 408 of CR PC before Principal Judge for transfer of case but No stay was granted by Principal JUdge and the Principal JUdge has not called File from the Magistrate

This is additional information

Guide

HARIOM

Sachin (N.A) 28 July 2017

What was the interim order ?

Kumar Doab (FIN) 28 July 2017

As per your post 15days time has been given for compliance..

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Tarachand 07 August 2017

New Development

Sirs/Madams

In short

Wife field Contempt Application u/s. 31 of D V Act against Husband for breach of Interim Order and Husband was arrested and released on Bail on condition to comply the interim order within 15 day

The Husband filed application u/s. 25(1) after 82 days of Interim Order which was seen and filed by the Magistrate

Husband failed to comply and hence Wife filed application u//s. 437(5) of Cr. P.C. for cancellation of Bail and this application was argued and Order was passed by Magistrate giving further 15 days to Husband to comply Interim Order within 15 days otherwise the interim Order shall be executed with help of Police.

But on that day Husband filed other application u/s. 25 (2) of DV Act and the matter has been kept for Arguments thereon

Note :- Once the application filed by the Husband was seen and filed by the Magistrate. But then the Husband again filed application u/s.25 (2) after 125 days of Order before Magistrate

Querry

Whether at this stage the execution/proceedings under section 31 can be so postponed for deciding now the application u/s. 25(1) and (2) filed by the Husband.

Please Guide

Regard

HARIOM