Kanchan Vs. Vikramjeet Setiya Crl. Misc. No.123/20 10 DOD 13.02.12 (RAJ)
Executions under DV Act
Held :: Monetary relief is defined in Section 2 (k) of the Act. For execution of monetary order, passed u/s 12 petitioner has to apply u/s 20 of the Act. However, 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.