Legal Question in Family Law in India

Undue harassment of an arrest warrant

R/Sir,

A maintenance application was filed in which an amount of Rs. 500/- p.m. was passed and thereafter an application under Cr. P.C 127 was filed for enhancement. During the pendency of this application I was paying Rs. 500/- p.m. Now it has enhanced to Rs. 1500/- p.m. with 01/02/03 So She filed a Cr. Misc. Application for recovery of Rs. 87,500 as maintenance. In this application she had hidden the fact that Rs. 29,500/- has already been paid. Can we file a complaint for hiding this fact in her maintainence? Can court take an action on her false affidavit. We have brought these to the notice of our lawyer but still it has not been settled and court is issuing an arrest warrant for which we have to travel a long distance of 600 kms to cancel this warrant. Can we not directly sent a letter to the court giving the full details of the payment done by us and request the lordship to dispose off the matter as the remaining amount has already been paid?


Asked on 1/16/09, 5:39 am

1 Answer from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Undue harassment of an arrest warrant

1. No complaint is maintainable for the alleged 'hiding' because payment by you is a matter of record.

2. No, the court may not take any action on such a mistake.

3. You should better make the payment as per court orders.

4. You may file an application in the court explaining the payments made by you alongwith documents in support of your statement. The application should better be filed through your counself with your affidavit. A direct letter to the court will not be proper.

You should try to settle the matter amicably to avoid litigation and expense.

The dispute may end up in bigger problem for you and your family.

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Answered on 1/16/09, 9:37 pm


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