Domestic violence act
miss.munnowara f. pakajade
(Querist) 21 April 2013
This query is : Resolved
respected, thanks for replying to all my previous queries.
now, i am representing a 68 year old woman . we have filed an application under DVact for recovery of due maintenance amount. similarly, we claim in it an enhancement of maintenance amount, as the respondent husband gets 2 pensions per month respectively rs.5000/ each.we prayed that a maintenance amount should be directly deducted from the pension accounts of respondents and will be credited to applicants account.we seek the directions of the hon'ble court to the concerned pension department and bank.now, my query is whether the hon'ble court has such powers under the DV act to pass an order directing deduction of maintenance amount directly from the respondents pension account? if yes, under which provision? please reply. thank you!
Devajyoti Barman
(Expert) 21 April 2013
Your application is pre matured.
Only in case of default you can apply for such deduction. The court while grant of maintenance on enhancement would not pass such order.
ajay sethi
(Expert) 21 April 2013
con fine your arguments to enhancement of maintenance amount . as on date there is no default by the repsondent . if he commits default then ask for deduction from his pension
R.K Nanda
(Expert) 21 April 2013
no more to add.
