jitender pawaria (Advocate) 21 April 2011
a lady file complaint against her husband u/s 12 of domestic violance act. court pass interim order for 1500/- p.m and issue notice to her husband after notice he appear on first hearing inperson and after that he proceed ex-parte. court dismissed the application of complainant after 3 year and in judgment he also mentioned that all interim order if any are also set aside. Now the question arised that can complainant can file execution for the amount till date of judgement.
adv. rajeev ( rajoo ) (practicing advocate) 22 April 2011
No because all interium order is also set aside.
dilip (Advocate) 22 April 2011
No execution application can be filed.
Agreed with adv. rajeevji.
Raghav Sood (Lawyer) 22 April 2011
doctrine of merger, interim order stood vacated
execution is not maintainable
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