LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tarachand   28 July 2017

Section 437 (5) of crpc

Sirs/Mams

Wife  field  Contemt Application u/s. 31 of Domestice Violence Act against Husband for breach of Interim Order

 

Husband was arrested and released on Bill on condition to comply the interim order within 15 days

 

But Husband failed to comply

 

Hence, Wife filed application u//s. 437(5) of Cr. P.C. for cancellation of Bail and for arresting  Husband

Copy of this Application was also given to Husband

 

On next date again the Husband did not Comply and the argument on the above application was done and the Hon'ble Magistrate

gave last chance to the Respondent to comply within 15 days otherwise  the interim Order shall be executed with help of Police

 

Now timorrow is the next date

 

What should I do

 

Whetehr do I need to make any appliction before Magistrate foe execution of Interim Order

 

Guide

Regard

HARIOM

 

 

 

 

 

 

 

 



Learning

 6 Replies

Tarachand   28 July 2017

Additions in the above Querry

 

In the emantine, the Husband had filed Transfer  Petition u/s. 410 of CR PC before CJM for transfer of case which was rejected

 

Now  before 5-6 days the Husband has filed Transfer  Petition u/s. 408 of CR PC before Principal Judge for transfer of case but No stay was granted by Principal JUdge  and the Principal JUdge   has not called File from the Magistrate

 

This is additional information

Guide

HARIOM

 

Sachin (N.A)     28 July 2017

What was the interim order ?

 

Kumar Doab (FIN)     28 July 2017

As per your post 15days time has been given for compliance..

Enterprise   29 July 2017

Download Windows 10 Enterprise Build 15031 x86+x64 [CracksNow] Free

Tarachand   07 August 2017

New Development

Sirs/Madams

In short

Wife field Contempt Application u/s. 31 of D V Act against Husband for breach of Interim Order and Husband was arrested and released on Bail on condition to comply the interim order within 15 day
 
The Husband filed application u/s. 25(1) after 82 days of Interim Order which was seen and filed by the Magistrate 
 
Husband failed to comply and hence Wife filed application u//s. 437(5) of Cr. P.C. for cancellation of Bail and this application was argued and Order was passed by Magistrate giving further 15 days to  Husband to comply Interim Order within 15 days otherwise the interim Order shall be executed with help of Police.

But on that day Husband filed other application u/s. 25 (2) of DV Act and the matter has been kept for Arguments thereon
 
Note   :-   Once the application filed by the Husband was seen and  filed by the Magistrate.  But then the Husband again filed application u/s.25 (2) after 125 days of Order before Magistrate 
 
Querry
 
Whether at this stage the execution/proceedings under section 31 can be so postponed for deciding now the application u/s. 25(1) and (2) filed by the Husband.
 
Please Guide
Regard
 
HARIOM
 

Sachin (N.A)     09 August 2017

As you are not ready give any details, i don't think anybody will able to help you on this platform.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading