• What is application under EX- 15 AND EX- 16

I have a dv act 2005 case going.
i am not paying interim maintenance to wife. now court has ordered arrest warrant to me as per ex-16 and ex- 15 application. may i know what is ex -15 application and ex-16 application.
Asked 3 years ago in Family Law
Religion: Hindu

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6 Answers

There is no such standard exhibits. As per your case details it may for issuance of warrant against you

Prashant Nayak
Advocate, Mumbai
34550 Answers
249 Consultations

It is application made by wife in DV case for which an exhibit number has been given by court 

 

pay interim maintenance as per court orders and apply for cancellation of arrest warrant 

Ajay Sethi
Advocate, Mumbai
99836 Answers
8148 Consultations

They are execution petition of maintenance order passed by court and you would have not appeared or not paid the maintenance despite execution application therefore arrest warrant . Do you need any help 

Ravi Panwar
Advocate, New Delhi
116 Answers

The court must have internally marked sone documents as ex 15 and 16. These are the numbers given by court to the documents. 

regards


File of the court will have to be pursued in order to see the documents 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

I didn't understd your question.

Mohammed Mujeeb
Advocate, Hyderabad
19328 Answers
32 Consultations

A non-bailable arrest warrant can be issued against a man who fails to pay maintenance ordered under the Domestic Violence Act, the Bombay high Court has ruled.
“The provisions of the Criminal Procedure Code relating to maintenance as also the Domestic Violence Act which are beneficial legislations for protection of women such as the wife in this case are required to be construed so as to benefit those persons for whom they are enacted,” said Justice Roshan Dalvi. The court dismissed a petition filed by a city resident who had challenged the NBW issued against him by a magistrate over his failure to pay maintenance to his wife, despite court orders.
“The Magistrate issuing NBW seems to have followed the special procedure for the arrest of the husband for non-payment of the maintenance ordered to be paid. Such procedure and such procedural order is within the framework of the Act and hence cannot be faulted as it is not seen to be illegal,’’ the judge said, adding, "The NBW shall be executed unless the husband pays off the entire arrears now due and payable.”.

Section 20 of Domestic Violence Act "Monetary reliefs"

1. While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence

 

Therefore if you have not preferred any appeal agaisnt the order, it would be better that you arrange to pay the maintenance amount.

 

T Kalaiselvan
Advocate, Vellore
90038 Answers
2498 Consultations

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