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Arvind Singh Chauhan (advocate)     02 November 2012

May i know ??

Sir generally NBW is issued in recovery process of maintenance amount.

 

But is there any provision for NBW to defaulter in Cr.P.C. ?

 

whether court can issue NBW & may send to jail in default of payment ? If he does not appear himself in court.

 

Is there any fromat of such NBW in Cr.P.C.?  I never found except form 18 & 19.

 

If there is no such provision and husband has no property, which remedy is available to wife & what is the resort with court strictly following the Cr.P.C.



Learning

 1 Replies

prashant pundhir (Criminal Lawyer)     03 November 2012

The court genrally issue recovery warrant as well arresting warrant simultaneously u/s 128 cp.p.c. It is not must to appear before the courg in the issuence of such warrants as only recovery of the amount of maintenance passed u/s 125 cr.p.c. is the matter .The court can send jail in default of payment .It is not any matter that weather husband have any property or he does any work. The maintenance of wife and children is his duty and thats sufficient. Number of judgement of hon. high courts and hon. supreme court are there regarding the same issue.

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