Zuniee (Engineer) 25 January 2018

How to file objections for appln u/s 20 (6) and 31 of dv act

Learneds Sir, In a DV case, after concluding the comprehenive trail, the Hon'ble trial court has rejected the petiton without giving any particular reasons or findings. However, after dismissal, complainant has appealed as well in sessions court. However, in trial court has filed another 2 seperate application 1. U/s 20 (6) of DV Act for recovery of interim maintenance 2. U/s 31 of DV Act, making me as accused saying not paid the money hence husband should be penalised. These applications are registered as two seperate criminal missellencious cases in same trial court which has rejected her DV main petiton. Hence, the following questions are getting arised, request your expert adivce please.

1. Are these application still maintainable ?

2. If maintainable, can husband gets chance to file objections ?

3. Does husband needs to take bail for application filed u/s 31 of DV Act.

4. Can Hon'ble High Court intervene and stay these cases as appeal is pending at sessions court ?

5. Or Husband needs to approach Sessions court for stay on those two proceedings ? under what provisions, he may do so.

I would sincerly appreciate any help regariding above queries.

Thanks!

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2 Replies

Vijay Raj Mahajan (Advocate) 26 January 2018

The application under section 31 of the PWDV Act, 2005 is not maintainable in this case for non-payment of interim maintenance as the section 31 clearly provides : Penalty for breach of protection order by respondent. There is no provision for punishment for non-payment of maintenance order. There is no protection order passed as the main complaint is already dismissed. The lawyer who drafted this application is inexperienced and having no knowledge of the Act.

Yes the application under 20(6) of the PWDV Act is maintainable for recovery of the maintenance amount due from the respondent even if the main complaint has been dismissed. The recovery of the maintenance amount that was allowed as interim relief can be recovered by the complainant.

No bail to be applied as no criminal complaint as such filled or pending against the respondent.

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Zuniee (Engineer) 29 January 2018

Thank you very much Sir, may almighty bless you!