Zuniee (Engineer) 04 May 2017

Non-payment of arrears in dv case, warrant v/s sale of house

Respected Sir,

In a 4 years old DV case, wife has filed application for warrant in liu of non payment of arrears (though husband is kept paying on regular intervals).
- as last option husband filed an distress sale application of his home to pay off remaining arrears money
- After 5 months of objections, arguments and deliberations the trial court judge passed an order
- 1. rejected the warrant application by wife
- 2. Allowed husband's application to carry out sale of home
- now wife has appealed I'm sessions court against the order and got the stay (hearing is yet to begin)
- Question : what options husband has now?

Thanks and regards

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 05 May 2017

Husband has to contest the wife's appeal in sessions court with all evidences

Zuniee (Engineer) 05 May 2017

Sir, Thank you very much for you response Sir.

Sir, eveutnally husband has to contest, but apart from contesting is there any other option like submitting an application in HC to vacat the stay granted by Sessions court. If it is there what would be CrPC section. Or any application submitting in sessions court. Because I'm sure sessions court would issue the warrant against husband.