Family and matrimonial

Execution petition under Section 12 DV Act for interim maintenance order

0 of 26 blanks filled

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

EXECUTION PETITION No. Execution number OF 2023

COMPLAINT No. MC Complaint (DV case) number OF 2020

IN THE MATTER OF:

Judgment holder's nameJUDGMENT HOLDER

VERSUS

Judgment debtor's nameJUDGMENT DEBTOR

INDEX

S.NO.	PARTICULARS	PAGE NO.
1.	Memo of Parties.	1

Execution Petition for execution of the order/judgment dated Date of judgment/order under execution passed by the Ld. Court of Presiding judge's name, Ld. M.M. (Mahila Court)-04, South-West District, Dwarka Courts, New Delhi, against the Judgment Debtor, along with affidavit.

ANNEXURE-A: Certified copy of the order/judgment dated Date of judgment/order under execution passed by this Hon'ble Court.

Vakalatnama.

JUDGMENT HOLDER

Place: DelhiTHROUGH

Dated:

Advocate's name

ADVOCATES

Advocate's address/chamber

Mob. No.: Advocate's mobile number

Email: Advocate's email

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

EXECUTION PETITION No. Execution number OF 2023

COMPLAINT No. MC Complaint (DV case) number OF 2020

IN THE MATTER OF:

Judgment holder's nameJUDGMENT HOLDER

VERSUS

Judgment debtor's nameJUDGMENT DEBTOR

MEMO OF PARTIES

Judgment holder's name, Judgment holder's address, New Delhi; Mob. No.: Judgment holder's mobile numberJUDGMENT HOLDER

VERSUS

Judgment debtor's name, Judgment debtor's address; Mob. No.: Judgment debtor's mobile number; Email: Judgment debtor's emailJUDGMENT DEBTOR

JUDGMENT HOLDER

Place: DelhiTHROUGH

Dated:

Advocate's name

ADVOCATES

Advocate's address/chamber

Mob. No.: Advocate's mobile number

Email: Advocate's email

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

EXECUTION PETITION No. Execution number OF 2023

COMPLAINT No. MC Complaint (DV case) number OF 2020

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 under execution PASSED BY THE LD. COURT OF Presiding judge's name, LD. M.M. (MAHILA COURT)-04, SOUTH-WEST DISTRICT, DWARKA COURTS, NEW DELHI, IN A DOMESTIC VIOLENCE COMPLAINT UNDER SECTION 12 OF THE D.V. ACT, BEARING No. Complaint (DV case) number.

MOST RESPECTFULLY SHOWETH:-

The Judgment Holder seeks execution of the interim order dated Date of interim order, the particulars whereof are stated in the column hereunder:-

No. of Complaint

Complaint No. MC Complaint (DV case) number (Complaint under Section 12 of the D.V. Act).

ii.

Name of Parties

Judgment holder's name, Judgment holder's address, New Delhi; Mob. No.: Judgment holder's mobile number — JUDGMENT HOLDER; VERSUS Judgment debtor's name, Judgment debtor's address; Mob. No.: Judgment debtor's mobile number; Email: Judgment debtor's email — JUDGMENT DEBTOR.

iii.

Date of judgment/order of which execution is sought

Judgment/order dated Date of judgment/order under execution passed by this Hon'ble Court in the above-mentioned case. A certified copy of the judgment dated Date of judgment/order under execution is annexed to this petition as Annexure-A.

iv.

Whether any appeal has been preferred from the judgment

No. The Judgment Debtor has not filed any appeal/revision against the said order till date.

Whether any payment has been made between the parties subsequent to the judgment

No.

vi.

Whether any previous application has been made for the execution of the judgment

No.

vii.

Whether the order/judgment/decree granted any costs and interest

No.

viii.

Amount of claim/application along with interest as per the order/judgment, or any other relief granted by the judgment

Yes. The Judgment Debtor was directed to pay maintenance to the tune of Rs. Monthly maintenance amount/- per month to the Judgment Holder and the child from the date of filing of the petition, i.e. Date of filing of DV petition, up to Date up to which maintenance is due, which totals Rs. Total maintenance amount/-, with a direction to the Judgment Debtor to clear the arrears of maintenance within six months and to continue to pay the interim maintenance at the said rate by the 5th of each English Calendar Month till the final disposal of the case.

ix.

Amount of costs, if allowed by the Court

N.A.

The name of the entity against whom execution of the decree is sought

Against the Judgment Debtor.

xi.

The mode in which the assistance of the Court is required

By way of issuance of warrants of attachment of the salary/assets/movable and immovable properties of the Judgment Debtor lying at his premises, to the satisfaction of the decretal amount, failing which he may be sent to civil imprisonment.

xii.

Whether a certified copy of the decree is provided

Yes.

1.The Judgment Holder respectfully submits that:-

A.That this Hon'ble Court was pleased to pass the order/judgment in Complaint No. Complaint (DV case) number in favour of the Judgment Holder vide order dated Date of judgment/order under execution, whereby it was held that:-

"Considering this, I hereby award maintenance to the tune of Rs. Monthly maintenance amount/- per month in favour of the petitioner and the child from the date of filing of the petition, i.e. Date of filing of DV petition.

The petitioner and the child shall be entitled to claim maintenance till the final disposal of the case. The respondent No. 1 is further directed to make payment up to the 5th day of each calendar month. The maintenance amount shall be deposited in the bank account of the petitioner, details of which shall be provided by the petitioner to the respondent.

Arrears be cleared within six months."

B.That there is no stay order from any superior court against the execution of the order/judgment dated Date of judgment/order under execution passed by this Hon'ble Court.

C.That the Judgment Holder submits that the order/judgment under execution was passed by the Ld. Court of Presiding judge's name, Ld. M.M. (Mahila Court)-04, 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 judgment/order under execution nor paid the maintenance amount as granted by this Hon'ble Court.

PRAYER

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/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/chamber

Mob. No.: Advocate's mobile number

Email: Advocate's email

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. Verified at New Delhi on this Date of verification of execution petition.

JUDGMENT HOLDER

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

EXECUTION PETITION No. Execution number OF 2023

COMPLAINT No. MC Complaint (DV case) number OF 2020

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 Smt. Deponent's (wife's) name, aged about Deponent's age years, W/o Sh. Husband's name, D/o Sh. Father's name, resident of Judgment holder's address, New Delhi, do 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 said interim order was passed by this Hon'ble Court, whereby the interim application was allowed vide order dated Date of interim order. Further, 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 under execution, nor is the deponent aware of the passing of any such order.

3.That the contents of the accompanying execution petition have been drafted by my Counsel in accordance with my instructions. The contents thereof have been duly read over and explained to me, and having fully understood the same, I state that the facts set out therein are true and correct to my knowledge. Since the contents of the execution petition have not been reproduced herein for the sake of brevity, the same may kindly be read as part and parcel of the present affidavit.

DEPONENT

VERIFICATION :-

Verified at Delhi on this Date of verification of affidavit day of April, 2023 that the contents of my above affidavit are true and correct to my knowledge, that no part thereof is false and that nothing material has been concealed therefrom.

DEPONENT

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

EXECUTION PETITION No. Execution number OF 2023

COMPLAINT No. MC Complaint (DV case) number OF 2020

IN THE MATTER OF:

Judgment holder's nameJUDGMENT HOLDER

VERSUS

Judgment debtor's nameJUDGMENT DEBTOR

INDEX

S.NO.	PARTICULARS	PAGE NO.
1.	Memo of Parties.	1

ANNEXURE-A: Certified copy of the order/judgment dated Date of judgment/order under execution passed by this Hon'ble Court.

Vakalatnama.

JUDGMENT HOLDER

Place: DelhiTHROUGH

Dated:

Advocate's name

ADVOCATES

Advocate's address/chamber

Mob. No.: Advocate's mobile number

Email: Advocate's email

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

EXECUTION PETITION No. Execution number OF 2023

COMPLAINT No. MC Complaint (DV case) number OF 2020

IN THE MATTER OF:

Judgment holder's nameJUDGMENT HOLDER

VERSUS

Judgment debtor's nameJUDGMENT DEBTOR

MEMO OF PARTIES

Judgment holder's name, Judgment holder's address, New Delhi; Mob. No.: Judgment holder's mobile numberJUDGMENT HOLDER

VERSUS

Judgment debtor's name, Judgment debtor's address; Mob. No.: Judgment debtor's mobile number; Email: Judgment debtor's emailJUDGMENT DEBTOR

JUDGMENT HOLDER

Place: DelhiTHROUGH

Dated:

Advocate's name

ADVOCATES

Advocate's address/chamber

Mob. No.: Advocate's mobile number

Email: Advocate's email

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

EXECUTION PETITION No. Execution number OF 2023

COMPLAINT No. MC Complaint (DV case) number OF 2020

IN THE MATTER OF:

Judgment holder's nameJUDGMENT HOLDER

VERSUS

Judgment debtor's nameJUDGMENT DEBTOR

MOST RESPECTFULLY SHOWETH:-

The Judgment Holder seeks execution of the interim order dated Date of interim order, the particulars whereof are stated in the column hereunder:-

No. of Complaint

Complaint No. MC Complaint (DV case) number (Complaint under Section 12 of the D.V. Act).

ii.

Name of Parties

iii.

Date of judgment/order of which execution is sought

iv.

Whether any appeal has been preferred from the judgment

No. The Judgment Debtor has not filed any appeal/revision against the said order till date.

Whether any payment has been made between the parties subsequent to the judgment

No.

vi.

Whether any previous application has been made for the execution of the judgment

No.

vii.

Whether the order/judgment/decree granted any costs and interest

No.

viii.

Amount of claim/application along with interest as per the order/judgment, or any other relief granted by the judgment

ix.

Amount of costs, if allowed by the Court

N.A.

The name of the entity against whom execution of the decree is sought

Against the Judgment Debtor.

xi.

The mode in which the assistance of the Court is required

xii.

Whether a certified copy of the decree is provided

Yes.

1.The Judgment Holder respectfully submits that:-

Arrears be cleared within six months."

B.That there is no stay order from any superior court against the execution of the order/judgment dated Date of judgment/order under execution passed by this Hon'ble Court.

D.That the Judgment Debtor has neither complied with the order dated Date of judgment/order under execution nor paid the maintenance amount as granted by this Hon'ble Court.

PRAYER

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/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/chamber

Mob. No.: Advocate's mobile number

Email: Advocate's email

VERIFICATION:-

JUDGMENT HOLDER

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

EXECUTION PETITION No. Execution number OF 2023

COMPLAINT No. MC Complaint (DV case) number OF 2020

IN THE MATTER OF:

Judgment holder's nameJUDGMENT HOLDER

VERSUS

Judgment debtor's nameJUDGMENT DEBTOR

A F F I D A V I T

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.

DEPONENT

VERIFICATION :-

DEPONENT

1 / 1

All templates

IN THE COURT OF THE HON'BLE DISTRICT JUDGE, DISTRICT District name, TIS HAZARI COURTS, DELHI

DV APPEAL NO. DV appeal number OF 20Year of appeal

IN THE MATTER OF :-

Appellant's name: APPELLANT

VERSUS

Respondent's name: RESPONDENT

INDEX

S.NO.	PARTICULARS	PAGES
1.	MEMO OF PARTIES
2.	APPEAL UNDER SECTION 29 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, ALONG WITH AFFIDAVIT.
3.	LIST OF DOCUMENTS.
4.	APPLICATION ON BEHALF OF THE APPELLANT SEEKING IMMEDIATE STAY OF THE ORDER DATED Date of the impugned judgment/order PASSED BY THE LEARNED M.M., MAHILA COURT, Name of the trial court in which the impugned order was passed, DELHI, IN CASE BEARING NO. Trial case number (MC number) TITLED "Complainant's name in trial case VS. Respondent's name in trial case", UNDER SECTION 29 OF THE PWDV ACT, 2005, FILED ON BEHALF OF THE APPELLANT, ALONG WITH AFFIDAVIT.

Family and matrimonial

Appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 with stay application and affidavits

IN THE COURT OF Judge's name, LD. SCJ-CUM-RC, TIS HAZARI COURTS, DELHI.

CASE NO. RAC-Case number (RAC)/Year of case number.

IN THE MATTER OF:

Petitioner's name: PETITIONER

VERSUS

Respondent's name: RESPONDENT

APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT SEEKING SUPPLY OF THE COMPLETE SET OF DOCUMENTS FILED BY THE PETITIONER IN SUPPORT OF THE PETITION.

MOST RESPECTFULLY SHOWETH:-

1.That the aforesaid petition was filed by the petitioner before this Hon'ble Court, and the same is fixed for Date fixed for hearing.

2.That on Date of issuance of court notice, a notice was issued by this Hon'ble Court to the respondent, and the same was received on Date of receipt of notice. After receipt of the notice, the respondent engaged counsel to contest the present proceedings, and upon perusal of the file, counsel found that the complete set of documents had not been supplied along with the summons by the petitioner.

Family and matrimonial

Application by respondent for supply of complete set of documents filed with the petition

IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT,

SAKET DISTRICT COURT, DELHI

In re: -

Petitioner's name… Petitioner

Versus

Respondent's name… Respondent

Application on behalf of the Respondent, Respondent's name, seeking a direction to the Petitioner to furnish important documents before this Hon’ble Court, in accordance with the directions of the Hon’ble High Court of Delhi in its judgment.

MOST RESPECTFULLY SHOWETH: -

1.That the above-noted case is pending before this Hon’ble Court and is fixed for Date of next hearing (day).Date of next hearing (month).Year of next hearing.

2.That, as per the directions of the Hon’ble High Court of Delhi, a detailed income affidavit is required to be filed by both parties, i.e., the Petitioner and the Respondent, in matters under Section 125 Cr.P.C., Section 12 of the DV Act, and Section 13 of the HMA, together with directions to submit the requisite information in a proper format, in the form of an affidavit duly sworn, along with all documents pertaining to the income and expenditure of the parties. In the present matter, the Petitioner has not complied with the directions of the Hon’ble High Court and has filed a detailed income affidavit containing incomplete information, and that too without filing the requisite documents.

Family and matrimonial