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Munirathnam (Scientist)     06 November 2012

Can court see wife's earnings in section 125(3) applicatio

Dear All,

 

Wife filed application U/s 125(3) of CrPC for arriers.

 

Can husband show the sufficient reason for not executing the order on below grounds:

 

1. Wife is working and has bank balances that are sufficient for more than 10 years.

2. Wife's income tax returns shows that wife is earning and working.

3. Wife has own house and Rs.40,00,000/- property.

4. Family court passed RCR in favor of husband.

 

Will family court will consider these points raised by the husband.



Learning

 4 Replies

Tajobsindia (Senior Partner )     06 November 2012

HC is the correct place to hear the same after Order is passed by a Family Court.

Munirathnam (Scientist)     06 November 2012

if Family Court pass order against the husband's argument, in the matter related to arriers petition, will Family court give some time to the husband to comply with the final decision of the court (mean while husband may challenge the order) or immeditely, on the same day, family court send the husband to jail?

 

If Family Court orders the husband to go to jail, is that order is maintainable? What husband can do at that time? 

Tajobsindia (Senior Partner )     06 November 2012

1. Yes shall give time if properly persuaded.

2. Yes it is maintainable at that time. Before the stage arrives one can always challenge the previous Order itself instead of living in hypothetical environs.

3. Also Bail is option then and there further part token payment is another option to cancel then and there the Order for Jail term and so on so forth options are there........ 

 

Munirathnam (Scientist)     06 November 2012

Can Family Court pass an order in arriers petition filed U/s 125(3) of CrPC saying that husband shall go to jail on the same day that of the order passed by the family court, without giving the oppertunity to the husband to read and act on the order, say two or three days time?


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