LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Meenakshi (sales)     09 October 2012

Dv

Hi Sirs,

My husband has filed for a stay to DV judgement for giving maintenance to our 6 yr old daughter. I have been taking care of my daughter sicne the last 2 years though my husband is earning nearly quadruple times my salary. 

The order in the execution petiition also stated he has to pay the maintenance. But he is unwilling. Will he get a stay in the appeal court? He wants to go for mediation but I have stated clearly that maintenance needs to be started first ,only then can I think of mediation. Sir, will he get a stay, what does the law state - will he be directed to pay the arrears and continue maintenance till such time as a decision is reached through mediation? Or can he stay away from giving any maintenance and just kill time through seeking court dates or mediation.

Please let me state here that not all DV cases are filed for harassing husbands. Many a time they are filed as a last resort when even existence becomes difficult and mental and emotional torture to the child is unbearable. 



Learning

 4 Replies

Tajobsindia (Senior Partner )     09 October 2012

 

1. You simply refuse Mediation if you are not interested to live with him.

I mean why go extra length and compel a person to undergo something which he is not interested to do in the name of first money then mediation wherein you were in the beginning not interested in mediation means re-joining him.

Are you yourself not contradicting issues means your last para resoning by opting for mediation?

If any Mutual Consent meant to happen between parties then they can happen in Civil Case why use Criminal case for some imaginary Mutual Consent !

Adv. Chandrasekhar (Advocate)     09 October 2012

@meenakshi,

if he goes for an appeal against the maintenance order/execution order, first the appellate court  in general ask him to remit 3/4th and on some times 1/2 of the arrears to issue notice to the respondent, i.e., you.  So, on that count you need not worry.

There is a genuine problem  for executing the orders by the women who get favourable order for maintenance for themselves or for the children either in Section 125 cr.P.C or DV case.  The husband pays for one or two months and later on stop to pay it.  The wfie files execution petition and again after paying once or twice he becomes defaulter by putting lame excuse.    For every execution petition she has to incur substantial amount for legal expenses.  the courts will not invent to find out an easy solution to implement their own orders which affect the very survival of the parties before them.  The judicial delays coupled with litigation expenses and spending significant part of the life in court corridors discourage the women, whose legal rights are infringed by their husbands to approach the legal system.  A few women who approach the courts get huge abuses from the male dominated society.

 

Even most of the Section 498-A cases, DV cases and also Dowry demand cases are genuine contrary to the popular rhetoric created  by the male chauvanists in the web-media.  Most of the Section 498-A cases cannot be proved for the reason that cruelties are perpetrated within the four walls of the matrimonial home.  We quite often see how women are ridiculed in the films, literature and in the society.  It is a clear indication how a woman is treated within the four walls.  Female foeticide is one more significant clear indication that how we treat the women in our society.     

stanley (Freedom)     09 October 2012

Originally posted by : Adv. Chandu 09868332610


@meenakshi,


There is a genuine problem  for executing the orders by the women who get favourable order for maintenance for themselves or for the children either in Section 125 cr.P.C or DV case.  The husband pays for one or two months and later on stop to pay it.  The wfie files execution petition and again after paying once or twice he becomes defaulter by putting lame excuse.    For every execution petition she has to incur substantial amount for legal expenses.  the courts will not invent to find out an easy solution to implement their own orders which affect the very survival of the parties before them.  The judicial delays coupled with litigation expenses and spending significant part of the life in court corridors discourage the women, whose legal rights are infringed by their husbands to approach the legal system.  A few women who approach the courts get huge abuses from the male dominated society.

I disagree to my learnd friend Chandu when he says paying once or twice and than he becomes defaulter . Why isnt it contempt of court and action can be taken ,property can be attached ,the court can direct the company where he works to deduct from his salary and pay it directly to his wife .
 
Even most of the Section 498-A cases, DV cases and also Dowry demand cases are genuine contrary to the popular rhetoric created  by the male chauvanists in the web-media.  Most of the Section 498-A cases cannot be proved for the reason that cruelties are perpetrated within the four walls of the matrimonial home.

I disagree with this point that it cannot be proved .If a case is genuine why cant it be proved . Doing law and unable to prove a case whats the worth of a degree .?? Not having faith in one's self ?? 

  We quite often see how women are ridiculed in the films, literature and in the society.  It is a clear indication how a woman is treated within the four walls.  Female foeticide is one more significant clear indication that how we treat the women in our society.   

When Dv is filed i would say child abuse/child custody  is one of the most abused cases  for a father

Mr Chandu Go through the below report first before contradicting reality and facts   

 

Law panel wants anti-dowry law toned down


The government’s expert panel on legal issues has recommended a change in the criminal law to prevent the immediate arrest of husbands and their family members against whom police complaints are filed by their wives under the anti-dowry law.


The Law Commission of India, in its latest report, has asked the government to water the anti-dowry law down to allow a woman to withdraw her complaint if a compromise with her husband and his family is possible. The law panel also wants to make it a compoundable offence but with a court’s permission.


The Supreme court had asked the law commission to give its findings on whether section 498A of the IPC and enabling laws, which deal with physical and mental cruelty by husbands and their relatives against wives over dowry, require amendments following several reports of their misuse.


It has sought an amendment to the Code of Criminal Procedure (CrPC) in an attempt to introduce a 30-day “reconciliation” period before the police can arrest an accused under the anti-dowry law.
“The need for caution in exercising the drastic power of arrest in the context of cases under section 498A the IPC has been emphasised by courts and parliamentary committees time and again,” the report states.

 

under cruelty to husband you can see

762,425 cases registers

643,820 are pending

100,453 completed

 

Convicted to Trials completed was 21%

Convited to Total Trials 2.7%

  The Metro women enjoys all the liberties while the rural women who suffer more hardly have a recourse to law .

 

Meenakshi (sales)     25 October 2012

Thanks a lot Sir's for your anwers,

The execution court has asked my husband to pay the maint amt with arrears and he paid 10% of the same, thats it. My case has gone into mediation. What steps can I take now? Can I reqst the exe. court to attach my husb's salary? Can I continue getting the balance of the maint amt as per the exe. order even when the mediation is on. Since we have no plans to stay together after the mediation process, my husb will have to pay the maint, only the amount might differ. Also even when the mediation is on my child's expenses will continue, they dont stop. So the maint also should not stop. I do not know if this logic of life applies in the judiciary. 

Request your views.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register