EXECUTION PETITION ON BEHALF OF THE JUDGMENT HOLDER FOR EXECUTION OF ORDER / JUDGEMENT

IN THE COURT OF LD. METROPOLITAN MAGISTRATE; (MAHILA COURT) SOUTH-WEST DIST., DWARKA COURTS, NEW DELHI.

EXECUTION No. ______ OF 2023.

COMPLAINT No. MC ____/2020.

IN THE MATTER OF :-

_______________ : JUDGMENT HOLDER

VERSUS

_---------------------- : JUDGEMENT DEBTOR

INDEX

S.NO.	PARTICULARS	PAGE NO.
1.	Memo of Parties.	1
2.	Execution Petition for execution of order/judgment dated _____ passed by Ld. Court of Ms. Kritika Jain; Ld. M.M. (Mahila Court)-04 South-West Dist., Dwarka Courts, New Delhi against the judgment debtor. Alongwith affidavit.
3.	ANNEXURE-A Certified copy of the order / judgment dated ------- passed by this Hon’ble Court.
4.	Vakalatnama

JUDGMENT HOLDER

Place: Delhi THROUGH

Dated:

____________________________

ADVOCATES

____________________----------------------------.

Mob.No.--------------------

Email: ---------------------

IN THE COURT OF LD. METROPOLITAN MAGISTRATE; (MAHILA COURT) SOUTH-WEST DIST., DWARKA COURTS, NEW DELHI.

EXECUTION No. ______ OF 2023.

COMPLAINT No. -- ----- /2020.

IN THE MATTER OF :-

_______________ : JUDGMENT HOLDER

VERSUS

_------------------------ : JUDGEMENT DEBTOR

MEMO OF PARTIES

------------------------- : JUDGMENT HOLDER

VERSUS

------------------------------ : JUDGMENT DEBTOR

--------------------------------------------------------------------------------------

JUDGMENT HOLDER

Place: Delhi THROUGH

Dated:

_____________________________------------------------------

ADVOCATES

---------------------------------.

Mob.No.--------------------

Email:----------------------

IN THE COURT OF LD. METROPOLITAN MAGISTRATE; (MAHILA COURT) SOUTH-WEST DIST., DWARKA COURTS, NEW DELHI.

EXECUTION No. ______ OF 2023.

COMPLAINT No. --- -------/2020.

IN THE MATTER OF :-

------------------------- : JUDGMENT HOLDER

VERSUS

------------------------------- : JUDGMENT DEBTOR

EXECUTION PETITION ON BEHALF OF THE JUDGMENT HOLDER FOR EXECUTION OF ORDER / JUDGEMENT DATED ---------- PASSED BY LD. COURT OF MS. KRITIKA JAIN; LD. M.M. (MAHILA COURT)-04 SOUTH-WEST DIST., DWARKA COURTS, NEW DELHI IN DOMESTIC VIOLENCE COMPLAINT UNDER SECTION 12 OF D.V. ACT, BEARING NO. -------.

MOST RESPECTFULLY SHOWETH :-

The judgment holder for the execution of the interim order dated 20.01.2023 the particulars whereof are stated in the column hereunder:-

i.	No. of Complaint	Complaint No. MC --------- (Complaint under Section 12 of D.V. Act)
ii.	Name of Parties	----------------- , New Delhi. Mob. No.------------ : JUDGMENT HOLDER VERSUS ------------------------------. Mob. No.------------------ Email: -------------------------- : JUDGMENT DEBTOR
iii.	Date of judgment / Order of which Execution is sought.	Judgment / order dated ------------ passed by this Hon’ble Court in the above mentioned case. Certified copy of the judgment dated ------------------ is annexed to this petition as Annexure-A.
iv.	Whether any appeal has been preferred from the judgment.	No. The Judgment Debtor has not filed any appeal / revision against the said order till date.
v.	Whether any payment has been made between the parties subsequent to the judgment.	NO.
vi.	Whether any previous application has been made for the execution of the judgment.	No.
vii.	Whether the order / judgment / decree granted any costs and interest.	No.
viii.	Amount of complaint / Application along with interest as per order / judgment or any other relief granted by the judgment.	Yes. Judgment debtor directed to pay maintenance to the tune of Rs.----------/- per month to the Judgment Holder and the child from the date of filing of the petition i.e. --------- to ------------ which is total in amount of Rs. ----------/- with direction to judgment debtor to clear the arrears of maintenance within six months and continue to pay the interim maintenance at the above said rate by 5^th of each English Calendar Month till final disposal of the case.
ix.	Amount of costs if allowed by court.	N/A.
x.	The name of the entity against whom execution of the decree is sought.	Against Judgment Debtor.
xi.	The mode which the assistance of the Court is required.	By way of issuance of warrants of attachment of the salary / assets / movable and immovable properties of the JDs lying their premises to the satisfaction of the decretal amount, failing which he may be sent to jail.
xii.	Whether a certified copy of the decree is provided.	Yes.

1. The judgment-holder respectfully submits that:-

A. That this Hon’ble Court was pleased to pass order / judgment in the Complaint No. ----------------- in favour of the judgment holder vide order dated ---------- held that:-

“Considering this, I hereby award maintenance to the tune of Rs.------/- per month in favour of the petitioner and the child from the date of filing of the petition i.e-----------.

The petitioner and the child shall be entitled to claim maintenance till final disposal of the case. The respondent no.1 is further directed to make payment up to 05^th day of each calendar month. The maintenance amount shall be deposited in the bank account of petitioner, details of which shall be provided by the petitioner to the respondent.

Arrears be cleared within six months.”

B. That there is no stay order from any superior court against the execution of the order/judgment dated ------------- passed by this Hon’ble Court.

C. That the Judgment Holder submits that the order / judgment under execution was passed by Ld. Court of Ms. Kritika Jain; Ld. M.M. (Mahila Court)-04 South-West Dist., Dwarka Courts, New Delhi and therefore this Hon’ble Court has jurisdiction for the purposes of executing this order.

D. That the Judgment Debtor has neither comply with the order dated ---------- nor pay the maintenance amount as granted by this Hon’ble Court.

P R A Y E R

In view of the aforesaid facts and circumstances, it is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to issue warrants of attachment of the Salary / assets / movable and immovable properties of the Judgment Debtor in favour of the Judgment Holder and against the Judgment Debtor.

Pass such further order or orders as this Hon’ble Court may deem fit and proper of the facts and circumstances of the case, in the interest of justice.

It is prayed accordingly.

JUDGMENT HOLDER

Place: Delhi THROUGH

Dated:

------------------------------------

ADVOCATES

--------------------------------.

Mob.No.--------------------------

Email: ----------------------------

VERIFICATION :-

I, the above named judgment-holder, do hereby solemnly affirm and declare that the above execution application is true and correct to our knowledge and belief. Verified at New Delhi on this ___ day of April, 2023.

JUDGMENT HOLDER

IN THE COURT OF LD. METROPOLITAN MAGISTRATE; (MAHILA COURT) SOUTH-WEST DIST., DWARKA COURTS, NEW DELHI.

EXECUTION No. ______ OF 2023.

COMPLAINT No. ------------.

IN THE MATTER OF :-

----------------------- : JUDGMENT HOLDER

VERSUS

----------------------------- : JUDGEMENT DEBTOR

A F F I D A V I T

Affidavit of Mrs. ______ aged about ___ years, W/o Sh________D/o __________________, New Delhi, do hereby solemnly affirm and declare as under :-

1. That I am the Judgment Holder in the above noted matter and well conversant with the facts of the case and also competent to swear the present affidavit.

2. That the said Interim Order passed by the Hon’ble Court because as per the knowledge of the deponent. However, same was allowed the interim application vide order dated __________. Further the interim order passed by this Hon’ble Court is executable against the Judgment Debtor as no order of stay or any other interim order has been passed by any of the Courts of law against the said judgment / order dated __________ nor the deponent is having any knowledge about the passing of the same.

3. That the contents of the accompanying execution petition have been drafted by my Counsel as per my instructions and the contents of the same have been duly read and understood by me and after fully understanding the contents of the same, I hereby state that the facts stated therein are all true and correct to my knowledge. The facts stated therein may kindly be read as part and parcel of the present affidavit also as the contents of the same have not been reproduced herein for the sake of brevity.

DEPONENT

VERIFICATION :-

Verified at Delhi on this ____ day of April, 2023 that the contents of my above affidavit are true and correct to my knowledge, no part of it is false and nothing material has been concealed therefrom.

DEPONENT

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