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    Executions Under DV Act

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    manasran
    The document discusses three cases related to executions under the Domestic Violence Act. 1. The Supreme Court held that when a maintenance order is granted under section 20 of the DV Act, the session court should not stay the execution of that order on appeal. 2. The Rajasthan High Court directed that all monetary relief orders under the DV Act shall be executed in the manner provided under section 125 of the CrPC, with no formal application required. 3. The Kerala High Court held that only if the magistrate's order is a protection order or interim protection order can the magistrate direct investigation under section 31 of the DV Act for non-compliance. Breach of an award passed by

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    Executions Under DV Act

    Uploaded by

    manasran
    268 views2 pages
    The document discusses three cases related to executions under the Domestic Violence Act. 1. The Supreme Court held that when a maintenance order is granted under section 20 of the DV Act, the session court should not stay the execution of that order on appeal. 2. The Rajasthan High Court directed that all monetary relief orders under the DV Act shall be executed in the manner provided under section 125 of the CrPC, with no formal application required. 3. The Kerala High Court held that only if the magistrate's order is a protection order or interim protection order can the magistrate direct investigation under section 31 of the DV Act for non-compliance. Breach of an award passed by

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    DV Act execution

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    The document discusses three cases related to executions under the Domestic Violence Act. 1. The Supreme Court held that when a maintenance order is granted under section 20 of the DV Act, the session court should not stay the execution of that order on appeal. 2. The Rajasthan High Court directed that all monetary relief orders under the DV Act shall be executed in the manner provided under section 125 of the CrPC, with no formal application required. 3. The Kerala High Court held that only if the magistrate's order is a protection order or interim protection order can the magistrate direct investigation under section 31 of the DV Act for non-compliance. Breach of an award passed by

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    268 views2 pages

    Executions Under DV Act

    Uploaded by

    manasran
    The document discusses three cases related to executions under the Domestic Violence Act. 1. The Supreme Court held that when a maintenance order is granted under section 20 of the DV Act, the session court should not stay the execution of that order on appeal. 2. The Rajasthan High Court directed that all monetary relief orders under the DV Act shall be executed in the manner provided under section 125 of the CrPC, with no formal application required. 3. The Kerala High Court held that only if the magistrate's order is a protection order or interim protection order can the magistrate direct investigation under section 31 of the DV Act for non-compliance. Breach of an award passed by

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Executions under DV Act

    Sr. Title Citation Question involved Held


    No.
    1 Shalu Ojha 2014 (4) Executions under DV Act Where maintenance is granted by
    Vs RCR (Civil) magistrate u/s 20 of DV Act, on
    Prashant Ojha 815 appeal to the court of session, the
    (SC) session court ought not stay the
    execution of maintenance order.
    Power to grant interim orders are
    not always inherent in every
    court.
    2 Kanchan Crl. Misc. Executions under DV Act Monetary relief is defined in
    Vs. No.123/20 Section 2 (k) of the Act. For
    Vikramjeet 10 execution of monetary order,
    Setiya DOD passed u/s 12 petitioner has to
    13.02.12 apply u/s 20 of the Act. However,
    (RAJ) this provision is limited to person
    who may have accrued credit or
    is a salaried person. In case of self
    employed person, this provision
    will be of no help to petitioner.
    Section 125 has to be resorted to
    non compliance of order of
    monetary relief does not give rise
    to consequence of Section 31 of
    the Act.
    Direction: - all order of monetary
    relief under DV Act shall be
    executed in the manner provided
    u/s 125 Cr.P.C. but with
    modification that no formal
    application shall be required.

    3 Kanaka Raj 2010 Executions under DV Act Held – that only if the order
    Vs Crl.L.J. passed by the Magistrate is a
    St. of Kerala (NOC) 447 protection order or an interim
    and anr. (KERELA) protection order, the Magistrate
    can direct registration of case and
    investigate the same under
    Section 31 of the DV Act and even
    if award is passed by Lok Adalat
    unless made in terms of Section
    18 of the DV Act, it cannot be a
    protection order or interim
    protection order and breach of it
    will not attract the offence u/s 31
    of the DV Act.

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