Legal Question in Criminal Law in India
I have filed for maintenance under sec 125.My hubby earns 90,000 per month.I am not working and dependent on my retired father.My due till date is 1,50,000.I filed execution for recovery of my due.My hubby paid 47,000 after i filed for execution.In last hearing my hubby did not pay remaining amount .So magistrate has passes order in that date to pay my remaining due in the next date.My query is
1)Is my hubby will not pay remaining due will magistrate order arrest warrant against him in that day or will give him another chance?
2)Whether he has to pay me remaining due in that day or he can again pay a part of due to avoid arrest warrant?
3 Answers from Attorneys
if he doesnot pay magistrate will issue arrest warrant. please try to convince the court that he is playing with court. then court will take serious action for recovery. ultimatly it defends on the judge who decides the issue.
He has to pay if court has strictly ordered in writing. Try to convience the court for arrest warrant.
Regards
The order will have to be read to advise. Anyway you can await the decision and then take further steps if needed.
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