BEFORE THE HON’BLE COURT OF LEARNED SPL.
EXCISE MOBILE
MAGISTRATE JAMMU.
Monika V/S Vijay Kumar & Ors.
… Complainant …..Respondent
In the matter of :-
Application under Section 20(6) of Protection of Women
from Domestic Violence Act.
May it please your Honour;
The applicant/complaint most respectfully submits as under:-
1. That the above titled complaint is pending adjudication before
the Hon’ble Court.
2. That consequent upon the filing of application under J&K
Protection of Women from Domestic Violence Act, 2010, The
Hon’ble Court was pleased to grant monthly interim
maintenance of Rs. 7000/- in favour of the applicant. Copy of
Order dated 06.02.2020 is enclosed herewith and marked as
Annexure-“A”.
3. That despite the directions to the non-applicant to pay interim
maintenance, he has deliberately not complied with the
directions of the Hon’ble Court with sole intention to harass
and deprive the applicant from the amount of interim
maintenance and till date he has not paid even a single penny.
The non applicant is thus guilty of willful defiance of the
direction of the Hon’ble Court.
4. That till date Rs. 147000/- arrear is pending for payment and
the non applicant is avoiding the said payment.
5. That in view of the failure of the non-applicant to pay the
interim maintenance and in the circumstances the same is not
otherwise recoverable by ordinary means except to direct DDO
of respondent No. 1 i.e. Commandant Officer BSF, T/HQ 81 BN
BSF MULLA CAMP BHANUPRATAPUR DISTRICT- KANKER
CHHATISGARH to recover the said amount from the salary of
the non applicant/respondent No. 1 and to pay it directly to the
applicant through her Account bearing No.
0583040100001597, J&K Bank, Branch Bhagwati Nagar
Near Yatri Niwas Jammu (IFSC Code JAKA0BAGWAT) and
further direct him to deposit the monthly maintenance amount
onwards regularly in the aforesaid account or in alternative the
Hon’ble court may direct the DDO of non-applicant/respondent
No. 1 to deposit the arrears and monthly amount deducted
from the salary of non applicant in the court or directly direct
the non applicant/respondent No. 1 to deposit the aforesaid
amount in the court, failing which the
non-applicant/respondent No. 1 may be put to civil imprison on
account of his default in making payment.
In the premises:-
It is, therefore, most respectfully prayed that keeping in
view the submissions made herein above and those to be urged
at the time of arguments the Hon’ble Court be pleased to recover
the arrears of interim maintenance of Rs. 147000/- from the non-
applicant by adopting cohersive means and also direct the non
applicant to deposit regularly monthly interim maintenance in the
Hon’ble Court for onwards disbursement to the applicant or in
alternative the non-applicant may be put to civil imprison, so as
to advance the cause of substational justice.
Complainant
Through counsel,
Dated:- 10.11.2021
Sunil Singh
Thakur
Advocate