DV act
Athi Vishal HD
(Querist) 17 November 2018
This query is : Resolved
Sir/Madam In my Dv case lower court has ordered without considering my source of income 7000 /pm and 5 lakhs (to be paid within 3 months i.e by 28.02.2018) as compensation for my wife. I have filed appeal but not yet received stay order. I paid maintanance regularly . As on today tot bal is 500000(compensation)+24000(maintainance)- only. Now they filed recovery pet u/s 20(6) of DV act and 125(3) CRPC. When I appeared in this case on 13.11.2018, judge told that if I not paid the balance by 28.11.18 I will sent to jail. Since I have myself managing this case pl guide me that is there any provision under CRPC or other law which allows me to make part payment
Arvind Singh Chauhan
(Expert) 17 November 2018
File an application in lower court with proof of filing appeal, that you have filled. appeal and if appeal is decided in your favour, paid amount can't be recovered under any law.
File an application in appealate court also with, copy of order sheet of lower court asking stay in the intrust of justice.
If these applications are rejected, file appeal or revision in concern higher courts.
Advocate M.Bhadra
(Expert) 17 November 2018
First you can file a Revision Petition in the same court u/sec.25 of the Domestic Violence Act, failing which you can File an Appeal Petition u/sec. 29 of Domestic Violence Act in District Judges Court
Sec 25. Duration and alteration of orders.—
(1) A protection order made under section 18 shall be in force till the aggrieved person applies for discharge.
(2) If the Magistrate, on receipt of an application from the aggrieved person or the respondent, is satisfied that there is a change in the circumstances requiring alteration, modification or revocation of any order made under this Act, he may, for reasons to be recorded in writing pass such order, as he may deem appropriate..
Sec.29. Appeal.—There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.
However you can also file a Criminal Motion Case in District Judges Court. u/sec. 397 and 399 of the Cr. P.C.for modification of the order u/sec.125 Cr. P.C.
Vijay Raj Mahajan
(Expert) 17 November 2018
Non-payment of maintenance and compensation amount to wife ordered by the court under DV Act can be recovered by the wife by filling execution application, that she has done. The court cannot order arrest and jail sentence immediately for non-payment without giving sufficient time to husband to clear the dues. You can request and give partial amount on next date of hearing. The court will allow further time for clearing balance due and will not order for your arrest and sending you to jail.
This purely civil maintenance issue and no infringement of protection order of the court for which you can be imprisoned.
SHIRISH PAWAR, 7738990900
(Expert) 17 November 2018
If you wish you can file revision or you can request court for partial payment and time for payment of maintenance amount.
Guest
(Expert) 17 November 2018
You had mentioned you are managing it your self and your issue is now been complicated to your level best. Atleast now discuss with local good Advocate specialized in Family issues and seek the remedy.
Athi Vishal HD
(Querist) 17 November 2018
Thanks for all. If possible pl mention the section which allows to make part patment
Dr J C Vashista
(Expert) 18 November 2018
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