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Satish (Professional)     10 August 2012

Execution of order u/s 19(1)(b) 0f domestic violence act

The trial court passed order favour of aggrieved wife against Respondent (Husband) directing the Respondent to remove himself from shared house u/s 19 (1) (b) (which in any case is mine as I purchased it after taking loan from LIC) and preventing the Respondent from communicating in any manner. The Respondent (Husband) filed an appeal in the Sessions Court but his appeal was dismissed and trial court’s order was upheld.

I want to know how wife can proceed for execution of order under section 19 (1) (b) (directing the Respondent to remove himself from shared house).

 

Will be thankful foe an early reply.



Learning

 5 Replies


(Guest)
Court cannot pass such an order there by ousting the owner. You need to challenge the Order before High Court by way of Revision Application. Yes, in the event you don't challenge the said Order, the wife can file execution proceedings for compliance of the order.
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Satish (Professional)     10 August 2012

Court can pass order under section 19(1)(b). My question is how wife can file execution proceedings for compliance of the order. What will be format of execution proceedings for compliance of the order.

Vinod Devgan (officer)     10 August 2012

she moved simple application before magistrate.

Satish (Professional)     10 August 2012

Thanks for reply. Any format or reference to section? Who will execute the order? Police or bailiff?

Thanks again.


(Guest)

Satish,

As I already said as per your contention which is reproduced here "(which in any case is mine as I purchased it after taking loan from LIC) and preventing the Respondent from communicating in any manner".

In such event you need to challenge the order before High Court, as the same is perse illegal despite the fact that sec 19 (1) (b) says the court can. But in the light of the above, the judgment is illegal as you are owner of the house, if your contention is believed which you needed to prove by way of evidence.

Further as regards the execution proceedings, the same shall go before Civil Judge and the Orders shall be executed with aid of baillif. In the event, there is any hurdle from your end, then the applicant can prefer application for grant of police aid.

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