498,406 & execution petition
Mustafa Bhat
(Querist) 28 March 2014
This query is : Resolved
Sir,
My divorced wife filled a petition for maintenaces which was disposed by court.Then they filled for execution which i paid.From that time onword i am depositing regularly in the account provided by them.Now they have applied for 2nd execution even though money stands deposited.I personally attended the court without any counsel & submitted the bank receipt,Judge entered that & gave next date as the 2nd party was absent.On the next i couldnot attend as i thought the court will dismiss it as i have already deposited the amount & did not even kept counsel for the case.But on the next date 2nd party was present & i was absent & court has issued bailable warrant against me.
Now my request is
1) the next date of case & date of 498A & 406 are same date.As on the same date the prosecution has to produce the main compliant as per direction of the court in 498A &406 & the two courts are at distance of 50KM.How should i manage.
2)How can i cancel the warrant.
3) can i exempt myself from execution petition of maintenances on that date as i have 498A &406 posted on same date.
Please advise.
Devajyoti Barman
(Expert) 28 March 2014
1. Managing case without an advocate is never a wise idea. If both courts are in same place then your advocate could manage it easily.
2.File recall petition by surrendering yourself with all documents of payment.
3. Same as above.
Rajendra K Goyal
(Expert) 28 March 2014
Agree with the expert Devajyoti Barman ji.
Better engage a lawyer.
Mustafa Bhat
(Querist) 28 March 2014
Sir
The two courts are at a distance of 50 KM,
So can i exempt myself from execution petition of maintenances on that date as i have 498A &406 posted on same date.As i can attend the court of execution petition before the posted date.
Please advise
Mustafa Bhat
(Querist) 02 April 2014
Cancelled my warrant today.
