Legal Question in Criminal Law in India

Maintenance execution

Hello,

I have filed for maintenance under section 125.Court has already passed an order for interim maintenance. But my husband is not paying maintenance. I want to do execution. I want to know after filing execution will court give any chance to my husband or will directly issue arrest warrant against him?


Asked on 6/12/09, 11:06 am

5 Answers from Attorneys
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: Maintenance execution

the court may or may not give a chance to the husband its solely discretion of the court.

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Answered on 6/13/09, 10:46 am
Pranav Desai PD Legal & Associates

Re: Maintenance execution

Ordinarily, after issuing show cause notice.

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Answered on 6/16/09, 1:47 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Maintenance execution

Depends on facts and circumstances. Generally, a notice or summons should be issued followed by warrant.

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Answered on 6/13/09, 12:43 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Maintenance execution

The arrest warrants are not issued directly without giving an opportunity to the other party for making payment.

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Answered on 6/13/09, 5:55 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Maintenance execution

generally court sends notice/summons and gives chance to the opponent but if after receiving notice/summons he fails to appear in the court you can ask the court to issue arrest warrant.

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Answered on 6/13/09, 9:16 am


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