1) your defence should be that no DV case is maintainable after divorce as there is no domestic relationship 

2) Enforcement of the order of maintenance is provided under Section 128 of Cr.P.C., giving option to the wife to seek enforcement either in a place where the order was passed or in a place the respondent was residing.

3) Even assuming that quoting Section 128 Cr.P.C. is wrong, it is for the Court to apply the correct provision of law and to grant the appropriate remedy. Quoting wrong provision of law is not a ground to reject the remedy especially when the provisions aim at grant of social justice.

Yes it can be enforced as aforesaid. She can’t transfer unless through court ordwr 

After divorce, DV case not maintainable.

1. No.

sec 128 is separate application to claim maintenance exclusive of DV. 

case will not transfer. Better contest the case and raise grounds on which wife is refused to grant maintenance.

1. You can challenge the same properly for the reasons you rely upon. 

2. Basically the FB case itself is not maintainable after divorce. 

Hence you may confirm it.

3. You challenge it properly. 

4. Child visitation rights case is different to that of the maintenance case 

Hence they cannot be combined for joint trial.

Dear Client,

Enforcement of DV Case through Section 128 CrPC:

Section 128 of the Criminal Procedure Code (CrPC) deals with the execution of orders passed by a Magistrate. If there was a DV judgment (under Section 12 with various sub-sections) in May 2019 that directed maintenance for your minor daughter, she might be seeking enforcement of this maintenance order through Section 128 CrPC.

Section 31 of the DV Act allows a Magistrate to grant interim and ex parte orders, and it's possible that due to the time elapsed since the judgment in May 2019, she might not be able to file under this section anymore. The reason for choosing Section 128 CrPC could be related to enforcement and execution of the existing DV judgment.

Filing Section 128 CrPC Connected to DV Case:

Whether she can file a petition under Section 128 CrPC connected to the DV case would depend on the laws and rules?

You might be able to challenge the filing based on reasons such as delay, but whether the petition is maintainable would depend on precedents .

How to Proceed:

If you have evidence to support your claim that the allegations in the DV case were false, it's important to present this evidence to the court.

Transfer of Visitation Rights Case and Challenge to Section 128 CrPC:

Transferring the visitation rights case and challenging the Section 128 CrPC petition could be options, but the viability of these options would depend on the specific circumstances.

Yes, you have strong grounds to believe that the police complaint and CSR could support your case.

File petition fir quashing of DV case as it has been filed one year after Divorce 

2) Even assuming that quoting Section 128 Cr.P.C. is wrong, it is for the Court to apply the correct provision of law and to grant the appropriate remedy. Quoting wrong provision of law is not a ground to reject the remedy especially when the provisions aim at grant of social justice.

Where maintenance is granted by magistrate u/s 20 of DV Act, all order of monetary relief under DV Act shall be
executed in the manner provided u/s 125 Cr.P.C. but with modification that no formal application shall be required. 

As per Rule 6 of the Protection of Women from Domestic Violence Rules, 2006, any application u/s 12 of the DV Act shall be dealt with and the orders enforced in the same manner laid down u/s 125 of CrPC, therefore the petitioner can  file an application before the jurisdictional magistrate as per the provisions of the DV Act read with the CrPC

1. Section 128 is for the Enforcement of order of maintenance as follows:

A copy of the order of maintenance or interim maintenance and expenses of proceeding, as the case may be shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance or as the case may be expenses, due.

2. The certified copy of the judgement/order  is mandatory for the enforcement of the order , and she has not filed the same , then her petition will not maintainable without an application for condonation of delay in filing the petition.

3. If her petition admitted by the court , then you will be summoned by the court. 

4. The petition for visitation right is nothing to do with this case. 

- Further, if this is ex-parte Decree  , then you can move an application for setting aside the ex-parte order of even can file an appeal against the said judgement. 

- Further, after the divorce this case is not maintainable , and also order of the DV case for maintenance is not applied after divorce, and hence you can challenge this order before the appellate court. 

- As per the Nagpur bench of the Bombay High Court ,  the Domestic Violence Act cannot be invoked against a man by his former wife.

Maintenance granted by a magistrate under Section 20 of the Domestic Violence (DV) Act mandates that all monetary relief orders under the DV Act are to be enforced using the process outlined in Section 125 of the Code of Criminal Procedure (CrPC). However, with a modification in place: the necessity for a formal application is eliminated.

In accordance with Rule 6 of the Protection of Women from Domestic Violence Rules, 2006, any application made under Section 12 of the DV Act is to be handled and the ensuing orders enforced in the same manner as stipulated in Section 125 of the CrPC. Therefore, the petitioner holds the right to submit an application before the relevant magistrate within the framework of the DV Act, in conjunction with the provisions of the CrPC.

Limitation is not available in dv case it can be filed after 1 year also. You can challenge it on other grounds being the dv case itself not maintainable