Procedure

Querist : Anonymous (Querist) 03 January 2011 This query is : Resolved
what is the procedure to recovery of decree amount awarded under The Protection of Domestic Violence Act, 2005 in India?

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Ajay Bansal (Expert) 04 January 2011
File an application for impletation of order of award in the Court.

Arun Kumar Bhagat (Expert) 09 January 2011
Inform the Respondent by Regd. Post if the order is passed ex-parte. If contested, then file application u/s 31 PWDV Act.

sibasish pattanayak (Expert) 23 July 2011
DEAR AUTHOR,
IF u got an ex-parte adinterim order from the JMFC THEN u have to notice through due course to the RESPONDENT/S, ON contest if the respondents are not complying with the order , then u have to file an execution petition u/s 20(6) & rule 15(4) of the said act for realisation of monetary relief as awarded u/s. 20 of the dv act.
again if u got an order of protection u/s. 18 and residence order u/s. 19 along with s. 20 if there is any breach of protection order (s.18/s.19/s.20) whatever it may be u can inform the DIST.PROTECTION OFFICER/SERVICE PROVIDER OR DIRECTLY TO THE JMFC FOR EXECUTION.
BUT if u want to file a case u/s.31 of dv act then u hv to file the same b4 CJM/ACJM ASKING for transfer b4 the same court from where u got THAT ORDER ,AFTER S/A, the JMFC issue summon upon them and proceed accordingly.
pl reply if i m wrong.
regards-SIBASISH PATTANAYAK, ADVOCATE.09874854594. CALCUTTA.

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