TRIBHUVAN DAHIYA
Kamaljit Singh – Appellant
Versus
Nachhatar Kaur @ Sikandar Kaur – Respondent
| Table of Content |
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| 1. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
JUDGMENT :
(Tribhuvan Dahiya, J.)
This petition has been filed against the order dated 15.10.2018 (Annexure P7) vide which the respondent-wife was directed to file a list of property belonging to the petitioner-husband, while deciding the execution application dated 26.09.2017 (Annexure P3) filed by her.
2. As per facts apparent on record, the amount of maintenance of Rs.2,000/- per month was granted to the respondent-wife by the Judicial Magistrate 1st Class, under section 12 of the Protection of Women From Domestic Violence Act, 2005 (for short `Domestic Violence Act'). It was enhanced to Rs.3,000/- per month by the Additional Sessions Judge, S.A.S. Nagar, Mohali, while allowing her revision petition, vide order dated 13.11.2014 (Annexure P2). Since the maintenance was not being paid, the respondent-wife filed an execution application for attachment and sale of property belonging to the petitioner-husband or, in the alternative, to send him behind bars for violating the orders of maintenance. The petitioner filed an application, dated 23.04.2018, for dismissing the execution application, which was decided by the Court, vid
To enforce a maintenance order under the Domestic Violence Act, procedures outlined in the Code of Criminal Procedure must be applied, permitting property attachment for execution.
Maintenance orders under the Protection of Women From Domestic Violence Act can be enforced through attachment of both movable and immovable property.
Maintenance orders can be executed in jurisdictions based on temporary residence, affirming a spouse's right to choose the execution venue under the Code's provisions.
The court ruled that repeated applications to modify a maintenance order, without change in circumstances, constitute an abuse of process, emphasizing the need for timely enforcement of maintenance r....
Judicial Magistrates have the authority to issue non-bailable warrants for recovery of maintenance under the Domestic Violence Act, and enforcement procedures can follow the Criminal Procedure Code.
The main legal point established in the judgment is that an application under Section 26 of the DV Act for maintenance is an independent remedy and should be decided on its merits, taking into accoun....
An interim maintenance order under Section 36 of the Special Marriage Act remains enforceable despite the dismissal of a divorce petition, as it is connected to proceedings in Chapters V and VI.
Point of law: Enforcement of the order of maintenance is provided under Section 128 of Cr.P.C., giving option to the wife to seek enforcement either in a place where the order was passed or in a plac....
A husband's imprisonment for non-payment does not absolve his obligation to pay maintenance; ongoing enforcement is essential to protect the recipient's welfare.
Non payment of one month maintenance allowance - If any person so ordered fails without sufficient cause to comply with order, any such Magistrate may issue warrant for levying amount due in manner p....
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