Originally posted by : Zoya | ||
Dear Experts, please explain about sec 29 of DV Act of 2005.
Correct. what is there to explain here, you [petitioner] or him [respondent] both can go for appeal to competent appelate court ie district sessions court or the HC withing 30 days, if the period crosses 30 days cannot go to sessions court, but only to HC.
Did not magistrate issue arrest warrant for non-compliance, did not magistrate issue NBW for non-compliance of such orders, did your lawyer did not pressurize the judge to issue warrant against the respondent?
Infact they filed cr appeal U/S 29 stating that theyre unable to pay and the petitioner is also not eligible for the said orders, when its not true. Can you please tell the process to get maintenence(no source of income so depending on maintenence). You can get maintenance only if Domestic Violence has been proved. If no domestic violence has occurred and you have failed to prove that in court of law, then no maintenance or no relief can be given to you at all. On the contrary, if no Domestic Violence has occurred, your husband ie the respondent can file a criminal suit against you for lying under oath in court of law, punishment for which will be Rs 50,000/- or 7 years imprisonment or both.
My suggestion would be find a job, or work as a domestic help and earn money, domestic help easily earn 1500 Rupees per month from a single house, and earn up to 15,000/- by working at many houses at a time. Showing to court that you are not able to earn and are dependent etc will only show you in poor picture. If you are able bodied woman, then you should find some capable job instead of waiting for alms [maintenance].
To get degree certificate which is lying with him, you could have lodged a police complaint, filing DV will definitely backfire if no DV has taken place. Just be cautious.. Your husaband can also file a defamation case on you for filing false DV case on him.
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You can also file 125 crpc or 24 HMA to claim maintenance.
Adv. Chandrasekhar (Advocate) 31 October 2013
contrary to popular belief that once court passes order in favour of a party, that order will not be implemented automatically. The party who is the beneficiary of the order is to file execution petition in the same court where he got the beneficial order. The court will force the other party by directing him to pay the amount and in the case if he refuses to pay, his property will be attached and in the case if he does not have property, he will be put in the jail to realize the amount. If such person against whom such order is passed is not in agreement with the decision, he can appeal u/s. 29 in the district court. But, if the appellate court does not stay the lower court order, he has to implement the trial court order, pending final disposal of appeal. The normal practice that is being followed is that the appellate court stays the lower court order, it directs the appellant to file atleast 50% of the amount awarded to the aggrieved person/decree holder. So, now you have to find out:
1. Whether Appellate court granted stay in respect of trial court order. If stay is granted, whether the appellant was directed to pay a part of trial court awarded amount. In such situation also you have to file reply to the appeal and also move an application to vacate the stay and also ask the appellate court to dispose of the case immediately.
2. If the appellate court has not granted stay against the amount, then immediately move execution petition in the trial court for implementation of the order.
You can also recover the stri-dhan under DV Act by appropriately drafting the application.
Samir N (General Queries) (Business) 03 November 2013
Adv. Chandrasekhar is very much right. In fact, that is the only provision in the DV Act that makes it quasi-criminal. The disobedience of the Order and the authority of the magistrate to put him in jail for disobedience. There is no need to go to the Appeal Court for you. The burden is on him to obtain a stay not on you to wait and see when he gets it or if he gets it. Hope your case is genuine and not one for harassing the husband. Good luck!