Court No. - 13
Case :- APPLICATION U/S 482 No. - 19317 of 2018 Applicant :- Smt. Nayab Jahan Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Jai Shanker Malviya Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
The grievance of the applicant in the present application is that in spite of the order dated 29.09.2012 passed by the Learned Magistrate (Court No.4) Moradabad under Section 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'Act, 2005') and the appeal having been dismissed by the Additional Sessions Judge, Court No.13, Moradabad vide order dated 10.10.2012. She has not received any payment. In pursuant to the order dated 29.09.2012 and accordingly she moved an application under Section 31 (1) of the Act.
Considering the provisions of the Act No. 43 of the Act, 2005 where the mandatory relief is awarded by the Magistrate under Section 12 of the Act, he has ample power to get the order executed under sub-section (6) of Section 20 of the Act. Failing which, he is entitled to take coercive measures as well.
Sub-section (6) of Section 20 of the Act, 2005 read as under :-
"20 (6). Upon the failure on the part of the respondent to make payment in terms of the order under sub-section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent."
Even otherwise, power under Section 31 of the Act, 2005, is vide enough to take coercive measure.
In view of the above, I hereby direct the applicant to move appropriate application before learned Magistrate who on such receipt shall take effective measures for compliance of the order dated 29.9.2012 and shall ensure that his order passed under Section 12 of the Act, 2005 is complied with within a period of six weeks from the date of production of a certified copy of this order.
With the above observations/ direction, the application is disposed of.
Order Date :- 31.5.2018 Atmesh