Dear Sirs,
A wife has filed a Domestic Violence Case against husband and mother of the husband Praying Protection order and maintanance. In this case , both respondents have not appeared before the court and an exparte order was passed against the husband and mother. mother was restrained from making any harrasment to the wife (Protection order) and husband was ordered to pay 300000 /- as compensation and to pay a maintanance of Rs.10,000/- per month to the wife . here, the petitioner has filed a petition to execute the order and the Police is trying to arrest the husband and mother' in executing the order.
Here, husband is ready to go to Jail and undergo sentence in default of payment of monetary reliefs.
whether i have to set aside the order of the court ?
Becoz , order against the mother is only a " protection order" and there is no violation of Such order, as wife is not living with them any more. Monetary releifs are against husband only, against which he is ready to go to Jail and not ready to pay a single paise to his wife.
1 )Considering this peculiar cituation, Is there any need to challenge the order of the Magistrate Court ?
(Husband is ready to undergo imprisonment in leiu of monetary reliefs. There is no monetary relief against the mother also.)
There is a maintan ance award against the husband by the family Court also, for which he prefers to under go imprisonment indefault .
2. ) So, when 2 imprisonments of the 2 different courts start running, whether it will be concurrent ?
please advise me .
it is very urgent
3) when there is no violation of protection order ( wife is not residing with them ) , then why the Police is behind the mother ?
mother has landed properties. husband has no properties.
Please advise me .
Salil Kumar
Advocate
Thalassery
1. If the husband is employed then you can file a petition for garnishee attachment, i.e., to direct the employer to deduct the amount from his salary.
The employer cannot disobey the orders of the court.
Since the court has already passed the orders directing the husband to pay the said amount, you cannot seek to alter the relief because it is an exparte order and the court has granted the relief sought for, therefore you cannot seek an amendment or alteration to the orders already passed
2. The orders to undergo imprisonment until and unless specifically mentioned about running concurrently, it is not automatic, moreover it has been passed by two different courts and not be a single court.
3. Are you appearing for the respondents or the complainant?
if you are appearing for the respondent, then you file a petition to set aside the exparte order at least for the mother.
it is not known that why the police are behind the mother, hence you may clarify the same by obtaining a copy of the orders to understand the issue more better instead of groping in the dark by listening to hearsay information
