Family and matrimonial

Execution petition for enforcement of maintenance/residence order passed under Section 12 of the DV Act

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IN THE COURT OF THE LD. METROPOLITAN MAGISTRATE (MAHILA COURT), SOUTH-WEST DISTRICT, DWARKA COURTS, NEW DELHI

EXECUTION PETITION No. Execution petition number OF Execution petition year

IN

COMPLAINT No. MC Complaint number (MC)

IN THE MATTER OF:

Judgment holder's nameJUDGMENT HOLDER

VERSUS

Judgment debtor's nameJUDGMENT DEBTOR

INDEX

S.NO.PARTICULARSPAGE NO.
1.Memo of Parties.
2.Execution Petition for execution of the order/judgment dated Date of judgment/order passed by the Ld. Court of Ms. Name of judge who passed the order, Name of court where order was passed, New Delhi, against the Judgment Debtor, along with affidavit.
3.ANNEXURE-A: Certified copy of the order/judgment dated Date of certified order passed by this Hon'ble Court.
4.Vakalatnama.

JUDGMENT HOLDER

Place: DelhiTHROUGH

Dated:

Advocate's name

ADVOCATES

Advocate's address

Mobile No.: Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF THE LD. METROPOLITAN MAGISTRATE (MAHILA COURT), SOUTH-WEST DISTRICT, DWARKA COURTS, NEW DELHI

EXECUTION PETITION No. Execution petition number OF Execution petition year

IN

COMPLAINT No. MC Complaint number (MC)

IN THE MATTER OF:

Judgment holder's nameJUDGMENT HOLDER

VERSUS

Judgment debtor's nameJUDGMENT DEBTOR

MEMO OF PARTIES

Judgment holder's nameJUDGMENT HOLDER

VERSUS

Judgment debtor's nameJUDGMENT DEBTOR

JUDGMENT HOLDER

Place: DelhiTHROUGH

Dated:

Advocate's name

ADVOCATES

Advocate's address

Mobile No.: Advocate's mobile number

Email: Advocate's email address

IN THE COURT OF THE LD. METROPOLITAN MAGISTRATE (MAHILA COURT), SOUTH-WEST DISTRICT, DWARKA COURTS, NEW DELHI

EXECUTION PETITION No. Execution petition number OF Execution petition year

IN

COMPLAINT No. MC Complaint number (MC)

IN THE MATTER OF:

Judgment holder's nameJUDGMENT HOLDER

VERSUS

Judgment debtor's nameJUDGMENT DEBTOR

EXECUTION PETITION ON BEHALF OF THE JUDGMENT HOLDER FOR EXECUTION OF THE ORDER/JUDGMENT DATED Date of judgment/order PASSED BY Name of court where order was passed, LD. Court number of Mahila Court, SOUTH-WEST DISTRICT, DWARKA COURTS, NEW DELHI, IN DOMESTIC VIOLENCE COMPLAINT BEARING MC NO. Complaint number (MC) UNDER SECTION 12 OF THE D.V. ACT.

MOST RESPECTFULLY SHOWETH:-

The Judgment Holder files this Execution Petition for enforcement of the interim order dated Date of interim order, the particulars whereof are stated hereunder:

i.No. of ComplaintComplaint No. MC Complaint number (MC) (Complaint under Section 12 of the D.V. Act).
ii.Name of PartiesJudgment holder's name — JUDGMENT HOLDER VERSUS Judgment debtor's name, also at Judgment debtor's address — JUDGMENT DEBTOR.
iii.Date of judgment/order of which execution is soughtJudgment/order dated Date of judgment/order passed by this Hon'ble Court in the above-mentioned case. A certified copy of the order dated Date of certified order is annexed to this petition as Annexure-A.
iv.Whether any appeal has been preferred from the judgmentNo. The Judgment Debtor has not filed any appeal or revision against the said order till date.
v.Whether any payment has been made between the parties subsequent to the judgmentNo.
vi.Whether any previous application has been made for the execution of the judgmentNo.
vii.Whether the order/judgment/decree granted any costs and interestNo.
viii.Amount of claim/application, along with interest as per the order/judgment, or any other relief granted by the judgmentThe Judgment Debtor was directed to pay Rs. Monthly rent amount (₹)/- per month towards rent to the Judgment Holder for the period from Date of occupancy (start of period) to End date of occupancy period, amounting in total to Rs. Total amount due (₹)/-.
ix.Amount of costs, if allowed by the CourtN/A.
x.The name of the entity against whom execution of the decree is soughtAgainst the Judgment Debtor, Judgment debtor's name.
xi.The mode in which the assistance of the Court is requiredBy issuance of warrants of attachment of the salary, assets, and movable and immovable properties of the Judgment Debtor lying at their premises, to the satisfaction of the decretal amount, failing which the Judgment Debtor may be sent to civil imprisonment.
xii.Whether a certified copy of the decree is providedYes.
1.The Judgment Holder respectfully submits as under:-
A.That this Hon'ble Court was pleased to pass an order in Complaint No. MC Complaint number (MC) in favour of the Judgment Holder vide order dated Date of order, whereby it was held:-

"Accordingly, the income of Respondent No. 1 is taken to be around Rs. Judgment debtor's monthly income (₹)/- per month.

Respondent No. 1 is directed to pay Rs. Monthly rent amount (₹)/- per month towards rent to the Complainant from the date of occupancy. Accordingly, the application of the Complainant is disposed of with respect to the relief of residence."

B.That there is no stay order from any superior court against the execution of the order dated Date of judgment/order passed by this Hon'ble Court.
C.That the order under execution was passed by the Ld. Court of Ms. Name of judge who passed the order, Ld. M.M. (Mahila Court), Court number of Mahila Court, South-West District, Dwarka Courts, New Delhi, and therefore this Hon'ble Court has jurisdiction for the purposes of executing the said order.
D.That the Judgment Debtor has neither complied with the order dated Date of order nor paid the maintenance amount as granted by this Hon'ble Court.

P R A Y E R

In view of the aforesaid facts and circumstances, it is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to:

(a)issue warrants of attachment of the salary, assets, and movable and immovable properties of the Judgment Debtor in favour of the Judgment Holder and against the Judgment Debtor; and
(b)pass such further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.

It is prayed accordingly.

JUDGMENT HOLDER

Place: DelhiTHROUGH

Dated:

Advocate's name

ADVOCATES

Advocate's address

Mobile No.: Advocate's mobile number

Email: Advocate's email address

VERIFICATION:-

I, the above-named Judgment Holder, do hereby solemnly affirm and declare that the contents of the above execution application are true and correct to my knowledge and belief, and nothing material has been concealed therefrom. Verified at New Delhi on this Date of verification.

JUDGMENT HOLDER

IN THE COURT OF THE LD. METROPOLITAN MAGISTRATE (MAHILA COURT), SOUTH-WEST DISTRICT, DWARKA COURTS, NEW DELHI

EXECUTION PETITION No. Execution petition number OF Execution petition year

IN

COMPLAINT No. Complaint number

IN THE MATTER OF:

Judgment holder's nameJUDGMENT HOLDER

VERSUS

**Judgment debtor's nameJUDGMENT DEBTOR**

A F F I D A V I T

Affidavit of Deponent's name, aged about Deponent's age, D/o Deponent's father's name, resident of Deponent's address, who does hereby solemnly affirm and declare as under:-

1.That I am the Judgment Holder in the above-noted matter, am well conversant with the facts of the case, and am competent to swear the present affidavit.
2.That the interim order in question was passed by this Hon'ble Court, whereby the interim application was allowed vide order dated Date of interim order. The interim order passed by this Hon'ble Court is executable against the Judgment Debtor, as no order of stay or any other interim order has been passed by any court of law against the said judgment/order dated Date of judgment/order, nor does the deponent have any knowledge of the passing of any such order.
3.That the contents of the accompanying execution petition have been drafted by my Counsel as per my instructions; the contents thereof have been duly read and understood by me, and after fully understanding the same, I state that the facts stated therein are true and correct to my knowledge. The facts stated therein may kindly be read as part and parcel of the present affidavit, as the contents thereof have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION

Verified at Delhi on this Date of verification day of May, 2024, that the contents of my above affidavit are true and correct to my knowledge and belief; no part of it is false and nothing material has been concealed therefrom.

DEPONENT

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