Legal Question in Criminal Law in India
I got married under hindu marriage act.I have filed for maintenance under sec 125.My husband is earning 80,000 per month.I am not working and dependent on retired father.My due till date is 1,40,000.I have filed execution.After that he has paid me 47,000.Though i have shown in execution case that he has more money in his bank account than my due and he is also earning 80,000 per month.Willfully he is not giving me whole amount.he just gave me 47,000 to avoid arrest.Though his lawyer told magistrate my husband would pay me whole amount.But in spite of that he just pad 47,000.But in spite of that magistrate is not saying anything.Just saying take whatever he is giving.My lawyer is saying that he can keep on dong this.
My query is if in the next hearing he will not pay my remaining due can magistrate issue arrest warrant against him?
3 Answers from Attorneys
in case the magistrate specifically directed your husband to pay the balance on the next date of hearing and he does not bring the balance, the magistrate may take a strict action against him but in case there are no specific directions, husband might seek another date. can you reproduce the order of the court here.
You can await the Magistrates' decision and then ask for advice.
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