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(Guest)

Execution of judgement of dv act

Dear lawyers,

I filed the case of DV act six years back, court granted interim maintenance, 4000 to me and 3000 for child. and my husband was paying that. Last month court gave its final judgemnt in which judge said No allegation proved against respondents so all are aquited but husband will continue to pay maintenaince because i am housewife and child is minor but after that my husband has stop the maintenaince. What should i do.



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 6 Replies


(Guest)
You can go appeal in high court as husband stopped paying maintenance. This matter won't be solved easily. If u want to go back, he won't accept you. He might file child custody case as u filed false dv case on him. He can also file ipc 191 and 193 as you failed to prove dv. Punishment is 7 years jail. You better get ready with mosquito coils. In jail lot mosquitoes. U can take kid also to jail. U can attend appeal case from jail itself. All above under perjury. All d best.

(Guest)

I through a mediator asked him to resolve the matter but he replied he is not intrested in any talk his lawyer will answer in court.

I am not working any where. Please guide how to get this maintenaince allowed by court.


(Guest)
Gnana peak ash u r right.Anita notably spoiled ur life and also kid life.give kid to him.u can live on ur earning nobody help u

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     08 November 2016

Once DV case has been finally dismissed, your husband need not pay you maintenance under that Act. Then you have two options. One is to go in an appeal before the Additional Sessions Judge. But I understand your immediate problem is to get the maintenance. For that, what you should do is that immediately file a complaint case under Section 125 cr.p.c. along with interim relief and also do not miss to file the interim order you got in domestic violence case where you and your child got monthly maintenance. Do not worry, under Section 125 cr.p.c. you will definitely get that much of amount if not more, as the cost of expenditure increased.

(Guest)

Sir, 

 

But 125 is seprate case,

 

in my judgement of DV act it is written that my husband will continue to give maintenaince because i am unemployed and child is minor

 

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     08 November 2016

You are confused.  If in DV case, in final judgment, if the court dismissed the case without granting any relief, then automatically, the interim order becomes null and void from the date of judgment.  If in DV case, in final judgment, if the court upheld its interim order, then you would get the interim maintenance continue.  But please try to understand, if the DV case is dismissed (not disposed), then even the judge has got no power to continue interim relief.  But by reading your first post, I understood that the court dismissed the DV case.  If it has not dismissed the case and clearly said in the final judgment that you are entitled to maintenance at the rate of Rs.4,000/- for you and Rs.3000/- for your child, then to get that file an execution petition before the same court and in that execution petition also give your bank account number and request the court to direct the husband to deposit maintenance amount regularly every month.  For getting the maintenance, you have to move execution petition.  If, in the DV final judgment, the court has not granted maintenance, then only you have to file Section 125 cr.p.c.case.


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