Dv

Reshmi (Querist) 12 September 2013 This query is : Resolved
Dear experts,
In dv case after filing excution pettition if a arrest warrent issued against respondant and respondant gone underground what should the court do?

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V R SHROFF (Expert) 12 September 2013
RESHMI,
FOR YOUR INFORMATION,

DV order need to be executed as per 125 guidelines, and there is no provision inDV for ececution of mtn order.

So follow 125 cr p c for execution. Arrest and jail with attachment of his property.

Reshmi (Querist) 12 September 2013
sir the last hearing he told the court he is not refusing to me maintain me.he maintain me only if i stay with him.and on the first hearing april 11-2013 the court order him to pay me interim mtn of 4000 and he didn't pay me a penny yet.and he doesnt have any property in his name all properties are in his parents name.

V R SHROFF (Expert) 12 September 2013
IF pARENTS ARE ALSO PARTY TO dv CASE, GET RESIDENCE ORDER + ATTACHMENT OF THEIR PROPERTY, NO SALE TRF ORDER WILL BE PASSED.

Rajendra K Goyal (Expert) 12 September 2013
Well advised, nothing more to add.

Raj Kumar Makkad (Expert) 13 September 2013
Court can declared such respondent as PO and can thus auction his property.

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