Procedure of Distress Warrant in DV Act

826 votes

if the court has passed the order for maintenance per month and/or for access of child but other part is not complying with such order then the aggrieved party may make a simple application by narrating the facts ad it should be filed before same court in same proceedings. court will grant opportunity to defaulter party to give its reply and then court will hear the arguments of both side and will pass the appropriate orders accordingly.

Advocate Pankaj Kandhari LawRato

803 votes

Husband or relative of husband of a woman subjecting her to cruelty. Whoever being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine.

Advocate Ashwini Deshmukh Salunkhe LawRato

500 votes

Distress warrant for realisation of maintenance amount to be issued only when the defaulter has failed to comply to the order without sufficient cause.

In the process of Distress warrant the court authorizes and allows the Authorities to seize your property or belongings wherein you have failed to pay the interim maintenance. Here the compliance of the Court order is not followed therefore the order of distress warrant has been passed. So kindly follow the order to get rid of the same.

Advocate Mahendrakumar S Sonawane LawRato

150 votes

A distress warrant under the Domestic Violence Act (DV Act) is a legal document that authorizes the authorities to take certain actions in cases of non-compliance with maintenance orders or protection orders issued under the DV Act. Here's an explanation of the distress warrant procedure under the DV Act:

1. Domestic Violence Act (DV Act): The Domestic Violence Act is a legal framework in India that provides protection to women who are victims of domestic violence. It includes provisions for obtaining protection orders and maintenance orders.
2. Distress Warrant: A distress warrant is a tool used when the person against whom a maintenance order or protection order has been issued fails to comply with the court's directives.
3. Purpose: The distress warrant is issued to enforce compliance with the court's orders. It allows the authorities to take certain actions to ensure that the maintenance amount is paid or the protection order is adhered to.
4. Procedure: The distress warrant procedure involves the following steps:
   • The person seeking enforcement of the order files an application for a distress warrant.
   • The court reviews the application and, if satisfied, issues the distress warrant.
   • The authorities can take actions such as seizing property or assets of the defaulter to recover the maintenance amount or enforce the protection order.
5. Importance: Distress warrants play a crucial role in ensuring that the rights and protections granted under the DV Act are upheld. They provide a legal mechanism to address non-compliance with court orders related to domestic violence cases.
6. Legal Authority: The issuance of distress warrants falls under the Domestic Violence Act, not the Criminal Procedure Code (CrPC). It is a specific provision within the DV Act for enforcing orders issued under that Act.

In summary, a distress warrant under the DV Act is a legal instrument used to enforce maintenance and protection orders issued under the Act. It ensures that individuals are held accountable for non-compliance with court orders related to domestic violence cases.

Advocate Chikirsha Mohanty LawRato