Legal Question in Criminal Law in India
Respected advocates,
Sir i am hindu girl got married under hindu marriage act.I have filed for maintenance under sec 125 crpc.I got interim order in my favor last year.But my husband was not giving me any money.So i filed for execution.My due is 1 lakh 30 thousand till date.His lawyer told the judge that my husband would give me my due this month.But again this month his lawyer gave me 40,000.Though in last hearing he told the judge he would pay me my whole due.I last submitted his bank statement showing enough money.But judge ask me to take whatever amount he is giving and even did not ask his lawyer why he did not pay me whole due.
My lawyer is saying nothing can be done as in 125 crpc he can do it.Execution does not mean he has to pay me whole amount.He can pay a part of it to avoid arrest warrant.My lawyer is saying that even after filing execution husband is not bound to pay me whole amount now.He can pay me after one year also as per his wish and this is what all husband usually do as their lawyer advice them to do so to harass wife.Is it true?
3 Answers from Attorneys
no, this is a wrong interpretation of law. even if the husband is unable to pay the entire amount, he is supposed to pay the dues within a certain time frame decided with intervention of the court otherwise the court may attach his property and sell the same in execution proceedings and can also send him to custody.
Even though, your husband may not escape the liability, he can escape arrest by making a part payment to the satisfaction of court.
You may need to persuade the court for full payment; if the court is satisfied with your contention and you are able to persuade that his conduct is mala fide, the court may pass appropriate order; you may also file appeal / revision before higher courts.
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