Sh Ashraf Hasnain

Success Story

I have been marked a case vide Ref No. 198/18/SED/DLSA/2955-56 dated 20.03.2018 by DLSA (SE) to pursue Crl. Ex. No.85/17 titled as “ Rifatun Nisha vs Shabbir Abbas in the court of Ms. Preeti Prewa.

After obtaining authority letter, I inspected the judicial file.

The said criminal execution has been filed by private counsel of Ms. Rifatun Nisha (DH) on 15.03.2017 to recover the maintenance amount of Rs.17000/- per month from Judgment Debtor since the date of filing complaint u/s-12 of DV Act. It is pertinent to mention here that order was ex-parte.  It is submitted that till 22.02.2018, previous counsel has not filed any process fee. That’s why positive result was not coming out. It is further submitted that case was already listed 10 times but her previous counsel has not taken any steps to summon the Judgment Debtor. That’s why the Decree Holder approached DLSA (SE) to engage Legal Aid Counsel to pursue her case.

I had filed process fee and appropriate application for effective service of summon upon Judgment Debtor. I also filed two separate criminal execution petition for the year of 2018 & 2019.  The arrear was around 5 lakh in all cases.

Ultimately, Judgment Debtor was arrested in Muzaffarpur, Bihar and produced before Ms. Archana Beniwal, MM on 05.12.2019. He was sent civil imprisonment. On 10.12.2019, Judgment Debtor undertakes to make payment of Rs.2,00,000/- before Court. On 16.12.2019, Judgment Debtor made payment of Rs.2,00,000/-. Thereafter he was released on bail.

After appearing in 17 dates of hearing, fruitful result came. Now Judgment Debtor is paying maintenance amount monthly to Decree Holder. It is submitted that other criminal executions are also pending in the said court.

Now Decree Holder is satisfied with work of DLSA(SE).