How to execute and arrest in mc

Observation:

Asking such question to a lady is easy in a open forum. It also shows that the person who asked the questions is above Law and is even questioning the application of mind by a ld. Judge which went in awarding Rs. 9000/- maintenance but he is silent when her husband has not contested Order on maintenance and paid partly in Court. 

You mean to say a lady should be living naked and her children should be begging on streets and she should not be educated at all then only her husband should give her and his minors maintenance.

I pitty such mindset of husbands, and instead if you would have cared to ask counter legal questions and then preached it would have been better but that part you left cleverly saying some Expert will reply to your 10 questions. Generic repliers should stop preaching in other queriest questions and should only ask questions related to their case which their wives have filed and open forum does not mean such in-humane and above law replies as you have made here.

By sending such Husband's to jail justice is served.  Court attachment of properties (FD / PF / Bank Account / Movable - immovable assets / Vehicle / Partition of his share from property etc.) are options available when husband is in Jail and many wives have exercised Attachment proceedings options too. - This answers your question (from me) which you asked the lady (who is ignorant of this option being lady so it seems on next step to take), what she will gain by sending her husband to jail ?

 

I hope on behalf of a female queriest I answered your puzzle !

 

Originally posted by : Meera
	XXXX My questions are Should I submit the envelope for the notice of arrest to be sent from court to the police station in the first place? Take: You or your advocate have to read out the complete Order of ld. Court by allowing inspection of case file. If it says dasti (i.e. by hand) as well as via Court then you can also send Order copy by RPAD to jurisdiction police station.  Should I affix the stamp of Rs.40 as it is going from one government sector ( the family court) to another government sector (the Police Station) Take: Yes.    Is it my duty to follow up with the bench clerk if the notice has been sent from the court? Take: Yes as unless you are vigilant the court staff will play delay and latches which will favour your husband.  I have a feeling that the bench clerk(BC) and the ABC are strongly supporting and saving the respondent husband from the arrest. - (1)As the reason they gave was that the word arrest is not there in the A-Diary. (But it was written in the bundle.). (2) Even after continuous follow ups they refused to initiate the notice.(3) Even today when the envelop was submitted for the 3rd time to the BC and ABC, they gave silly reasons and tried to convince me to come another day and do the same. On insisting, the ABC’s behaviour was very lethargic. It was very clear that the ABC was trying to evade the situation and tried to avoid me from taking any action towards the respondent husband. Take: It shows their behavior towards genuine weaker litigants and unless your advocate is equipped to point them out to the ld. Judge and seek action against them nothing will bring change in their lack luster attitude.  How can I bring this matter to the notice of the judge Take: Via your advocate in writing and asking for production of Dak Register to show the delay the (staff) caused.   How can I verify if the notice has been sent to the police station. Is there any register that is being maintained in court where I can verify myself if the notice is being sent. If so which date it has been sent, etc Take: Yes every Court has a Dak Register where they are bound to enter such (postal) details.  How do I launch a complaint against the BC  and ABC (the court staff) for their irresponsible behavior, lethargic action by taking sides on the respondent husband and delaying the notice of arrest? Take: Already replied above.  What is the actual court procedure if an arrest in initiated in an MC order Take: Police arrests the person and produces him before Court as per following Arrest Order. Ld. Judge gives further direction accordingly. Also note you do not need to pay diet money for his stay in jail as there are judgment in favor of women who are exempted to pay in advance diet money to jailer to keep husband in jail (caution your advocate to keep handy such citation).  How to execute the arrest once the notice is being sent to the police station? Take: If ld. Judge has given order of arrest that itself means process of arrest to be followed for arrest by jurisdiction police.  What should I do next in this situation? Take: Normally as soon as Envelop with Stamp submitted the Dak should go to jurisdiction police station and not 3 days before next date. In your brief I slipped reading date of Order and date when you filed Envelop and Stamp and if it is already submitted as the case here is then go to Court with your Advocate and seek allowing of Inspection of Dak Register from ld. Judge. Inspect the Dak Register and if you don’t find entry of husband's police station then during 'pause hour' of ld. Judge bring it to ld. Judge Notice and narrate verbally what BC / ABC commented. Let ld. Judge take humane action accordingly.  Its almost 2 year since this petition was filed and I should have got relief about a year and a half before for this maintenance petition. I am still struggling for it. Kindly suggest with appropriate sections of the law. Take: You are following procedures up-to-date as per guidance of your advocate and they are in line till date. Assets - properties - FD - PF - Bank Accounts etc. Attachment proceedings can also be initiated in case of further default in meeting maintenance and for the same seek further guidance from your appointed advocate and in frustration request ld. Judge to find orphanage for children to keep when no maintenance is being given by husband. The moment you stress this the ld. Judge will find a solution is my view.

 

 

 

 

 

 

 

 

 

Hi Tajobs... 

 

I never justified the action on the part of husband. He should be penalised as per law.  Nobody can question the judgement nor comment on it. I also did not comment on the judgement.

 

Thank you for your advice. 

 

Thank you for your valuable time in helping with legal answers and sometime moral answers to queriests like me.  It is a great service you are doing.

 

I completely agree with you when you said "By sending such Husband's to jail justice is served. "

 

Being a common man, I tried to look practical life beyond the law.

 

If husband and wife use "law" to settle their disputes, our institution of marriage is going to deteriorate further.

 

A husband or wife will have tough time respond to a legal action initiated by their spouses.

 

Marriages are breaking because spouses are able to take advantage of very existence of such laws and comfortably resort to it instead of sitting and talking to each other. Else some reconciliation is possible at some point of time in life for those spouses. 

 

https://timesofindia.indiatimes.com/city/ahmedabad/Dont-rush-to-cops-over-trivial-marital-tiffs-HC/articleshow/44729807.cms   AHMEDABAD: The Gujarat high court has advised women not to rush to the police over minor matrimonial disputes because involving the police may destroy all chances of reconciliation with their spouses. The court also criticized the tendency to use the police machinery for holding husbands to ransom.  The high court said that Section 498-A of the IPC (prevention of cruelty, including making demands for dowry) cannot be invoked for trivial incidents. "Every matrimonial conduct, which may cause annoyance to the other party, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty," observed Justice J B Pardiwala while quashing the charge of harassment for dowry filed against her in-laws by a woman.

 

Here we also saw how the husband was able to evade law even after judgement was given.

 

Husband was able to misuse the very machinery of courts to evade the law and the legal system knows about it only after the petitioner brings the same to its notice.

 

You answered that "Inspect the Dak Register and if you don’t find entry of husband's police station then during 'pause hour' of ld. Judge bring it to ld. Judge Notice and narrate verbally what BC / ABC commented. Let ld. Judge take humane action accordingly. "

 

Also you answered below how a wife can get financial benefits by sending their irresponsible and cruel husbands to jail. Now many wives can be benefited from your legal advice.

 

"Court attachment of properties (FD / PF / Bank Account / Movable - immovable assets / Vehicle / Partition of his share from property etc.) are options available when husband is in Jail and many wives have exercised Attachment proceedings options too."

 

 

In a public forum, because of law, a husband can be depicted as a criminal.

 

In marriage, when a spouse errs, he or she will not become criminal. 

 

Such instances should be rare. But we see such instances of criminalizing husbands by wives is very common.

 

I am sure everyone wishes that the dignity and sanctity  of our marital institution is restored rather than using law to criminalize each other.

Thanks Mr. Tajobs. Very fine answer indeed.  In addition I add that if your advocate shows proper alacrity, he can file a written complaint with prima-facie evidence which would force the judge to initiate departmental enquiry against errant court staff and subsequent punishment to harass the parties and depriving them from the benefits conferred by the court.

Wonderful replies there TAJ and Prasad.

 

Yes, one can do all the above said circus as TAJ has advised.  But it will all be a futile exercise if the husband has made up his mind to not pay alimony at all or keep delaying payment of alimony.  If he has nothing in his name, sold off all this properties etc, and is willing to go to jail, the wife cannot do anything but look at the sky.

 

Its sort of foolishness to meddle with court staff. Things as usual are slow in any govt organization. Court is also a govt organisation. You are seeking vengeance not just with your husband, but also seeking revenge of court employees. What you can do is file a complaint with Lokayuktha if there is any in Chennai, stating so and so, and the concerned authorities in court will get job done faster. But there is a catch. Do like that, you will make more enemies than friends.  Looking at your case, you will keep roaming to court till your last breath.  So its better not to take on the court employees.  Do like that and you will face trouble in every way possible.  As far as the husband goes, if at all he is arrested once, he does time for 1 month in jail, the balance of alimony due is automatically cleared.  If there is one way to give trouble to husband, even husband has many ways to fool you by not paying alimony at all.  If that be the case, at the most what you can do is just go stand in front of judge in trial court, HC, and SC subsequently.  

It is lot more easier to adjust with spouse than to roam courts like beggars asking for money from spouse.  I also see a lot of ego in you, which is the sole reason for you being in this state.  anyway, good luck with pleading before court.  All the best.

Many Thanks Mr. Prasad for your time that u spent on advising me and giving gyan on matrimonial responsibility, sanctity, dignity etc, etc., But I find your judgmental views about me and the situation I am in is very insulting, degrading and inhumane. I know my responsibility very well and I know how I take care of myself and kids, cases, etc., etc., etc for the past two years single handedly. You wouldn’t know on what circumstance I am seeking or the pain or suffering I went through all through my so called matrimonial life or why do I seek MC and waited for almost a year even after getting order from the court. I am seeking a constitutional right as a woman and as somebody who was on the receiving end all through my married life, the court got convinced that the other party was on the wrong side and empathized with my situation and gave order in my favour. Here you seem to question the wisdom of the judge also. You are a common man and you be so. I requested legal opinion from real professionals, not for any advice on ways to live life adjusting and suffering from some engineers. I would rather sit in Sri Ravishankars talks and get all those. I request you to atleast if not respecting or empathizing with my situation I am in, but refrain from making judgments about me in an open forum like this. I don’t want to be judgmental about your views or you as a person. I would totally ignore your views or you as a person. I respect Mr. Taj for his time and his positive approach in giving me encouraging suggestions and advices. My sincere thanks for the man who is showing some grit and appreciate his professionalism. I wish he helps many like me. All the best sir. Answering to helping hand, Sir, I still have faith in our legal system and if voicing against a wrong is considered being egoist , so be it, I wouldn’t mind being a fool and loosing or struggling being on the side that is right and correct rather than surrendering to situations and live like a worm adjusting and suffering. Many thanks for the remarks and valuable suggestions sir.

1. you or your lawyer can complain to the registrar by giving a letter and also as said above 

2. normally once court order for arrest then the court staff has to send without any wait to the police station and they should arrest him and produce in the court as per the order

3. every court will maintain daily dispatch register which can be viewed by your lawyer and check whethear the regdisterd post has sent and delivered 

4. next hearing also if the court staff has not taken any action your lawyer can complain directly regarding the same to the ld.judge directly 

5. here you have mentioned about old arrears and what about monthly payment after december 2013 thus he paying regularly 

Many Thanks Mr. Prasad for your time that u spent on advising me and giving gyan on matrimonial responsibility, sanctity, dignity etc, etc., But I find your judgmental views about me and the situation I am in is very insulting, degrading and inhumane.  I know my responsibility very well and I know how I take care of myself and kids, cases, etc., etc.,  etc for the past two years single handedly. You wouldn’t know on what circumstance I am seeking or the pain or suffering I went through all through my so called matrimonial life or why do I seek MC  and waited  for almost a year even after getting order from the court.   I am seeking a constitutional right as a woman and as somebody who was on the receiving end all through my married life, the court got convinced that the other party was on the wrong side and empathized with my situation and gave order in my favour.   Here you seem to question the wisdom of the judge also.  You are a common man and you be so.

 

 I requested legal opinion from real professionals, not for any advice on ways to live life adjusting and suffering from some engineers. I would rather sit in Sri Ravishankars talks and get all those. I request you to atleast if not respecting or empathizing with my situation I am in, but refrain from making judgments about me in an open forum like this. I don’t want to be judgmental about your views or you as a person.  I would totally ignore your views or you as a person.

 

I respect Mr. Taj for his time and his positive approach in giving me encouraging suggestions and advices. My sincere thanks for the man who is showing some grit and appreciate his professionalism. I wish he helps many like me. All the best sir.

 

Answering to helping hand, Sir, I still have faith in our legal system  and if voicing against a wrong is considered being egoist , so be it, I wouldn’t mind being a fool and  loosing or struggling being on the side that is right and correct  rather than surrendering to situations and live  like a worm adjusting   and suffering.  Many thanks for the remarks and valuable suggestions sir.

The respondent husband has not paid any amount. Neither the arrear from Jan 2013 to Dec 2013 nor the payment from Jan 2014 till date had been paid. I have only received Rs. 10000 once when the judge insisted in arresting if payment is made. I have not even initiated an action in asking for the second phase from Jan 2014 till now.

Meera Madam, Keep up the spirit.  You are asking the court just to implement its own order and get the payment made from the recalcitrant husband.  Nothing more nothing less.  Only compliance of the court order. But some judges have got their own way to get their orders complied by the recalcitrant judgment debtors - sometimes conventional and sometimes unconventional.  In one of the Courts, where I practice, the lady Magistrate asks the judgment debtor whether has he brought the maintenance amount.  Once he goes on saying his usual excuses, she simply asks him to stand in the corner of the court by raising his hands through out the court working  hours.  At 4.00 P.M. she asks him to bring the maintenance amount on the next date.  She would never send the accused to the jail.  But in her court, mainteance is alwasy recovered promptly without any hassle, because the recalcitrant judgment debtor is put to shame.  But to her credit I say, she forces only recalcitrant judgment debtors to such unconventional punishment and not the people who genuinely want to pay and cannot pay.  In the latter cases, she cajoles them, but get the maintenance amount.  But in your case, the menace is from the court staff, who takes bribes from the recalcitrant husband and try to change the court order or try to dilute the court order - especially arrest warrants.  Such staff are always there.  In day to day, we, even being advocates, face such problem.  What we do is to give written complaint to the judge and insist him to take departmental action against the erring staff.  If  he refuses to do so, we will send copy of the complaint to the District judge with endorsement to the Chief Justice of High Court.  In 99.99% cases,  strict action is taken against such black sheep.  Not only that once people come to know that we have got the guts to give complaint, the corrupt staff in other courts also do not play foolish games with us.  Before parting with this thread, I like to clarify one point.  If the judge orders that arrest warrant has to be issued but after filing process fee with R.P. Ack. Due (registered post with acknoweldgment due) or Speed Post or Dasti, you have to file process fee and also handover the court staff such Registered post with sufficient stamps affixed, because it is  the way the court orders, generally.  But, normally, this filing processfee and handing over R.P. etc. has to be done immediately or within the time the court orders (in some cases court order within 3 days) or normally within seven days from the date of order.  So, the court staff's refusal to take such envelope is nothing but illegal and illmotive.  Rest of the points are well clarified by Sh. Tajobs.  For me nothing to add.

You seems like a educated person and physically ok.

I guess you can work and earn money , why you are so eager in sending your husband to jail for not paying maintenance.

He will go to jail and come out, But what is surety that he will pay you.

Judge seems to be good :)

 

This husband, a father of 2 sons, is such an inhumane being that he killed his 2 lovable sons and himself after his wife refused to come back and live with him.

https://www.ndtv.com/article/cities/hyderabad-father-allegedly-killed-two-young-sons-then-himself-602890?pfrom=home-lateststories

 

mr.prasad, I wished that you wouldn't reply at all, and i said i would ignore you views i meant it to its fullest. but i am forced to reply and with all hope that u wouldn't advice me again. i quote from your first post" But who can take action against you for your irresponsible behaviour to leave the life of your sons to your irresponsible husband?.. What is the difference between "a wife who uses law and police to grab money from her husband" and the bank robber who robs a bank at gun point? this proves how much you empathise with me. about you not questioning the wisdom of judge i again quote "And I have one last question. In fact, it is a puzzle for me. If you successfully execute arrest on your husband and put him in jail, how will he earn and pay to you? " wouldn't the judge thought about this, " In fact, I quoted a news item where a honourable Judge advises women, not to use police against husbands. do you say arrest warrant issued was wrong on part the judge who was presiding over my case. please mind your business and case. leave me alone.