Arrest warrent for non payment of interim maintainence denied due to jurisdiction
Bhagyashree
(Querist) 21 March 2014
This query is : Resolved
Sir,Madam
I was awarded a maintainence of 11kper month for myself and my minor daughter in april 2013 from the date of application i.e march 2012. Since he did not pay we filed an Execution petition, notice was served to him. In novemeber 2013, the Belgaum family court sent a arrest notice as he does not have any property on his name to be attached(property in his parents name worth 10crores at Hubli, Bangalore, Belgaum nd sindhgi). The arrest notice is in await till today. My lawyer asked for reissue the arrest warant, but the judge said that since my husband is residing in bangalore the Belgaum family court does not have the jurisdiction to order the Bangalore police to arrest him and bring him to the court. My Query
1)If this is true, In India most of the husband wife belong to different cities and the wife goes to the husbands place after marrisge. How can this particular problem be tackled.
2) what other means can be used to make him pay the interim maintenece.
3) The judge asked us if we could make arrangements to take a constable from belgaum and accompany him to bangalore to the police staion under which his residence falls and then take a constable from ther and go to his residence and bring him to belgaum wich is practically impossible for me to do. what other way can be employed.
4) Can salary attachment be done to claim the accumalated maintenance?
Regards
Devajyoti Barman
(Expert) 22 March 2014
1, The court is absolutely wrong. It can issue W/A to arrest a person irrespective of his place of residence.
2. If Magistrate refuses to issue W/A/then file revision. Without W/A you would not get arrears payment.
3.Court is wrong this time too. He seems to write CRPC afresh.
4. Yes it can be done.
Sudhir Kumar, Advocate
(Expert) 22 March 2014
a warrant issued by any court in India is enforceable in any thana of India.
your lawyer is required to refresh his notes of CrPC paper in LLB exam and refresh the same of the judge.
Bhagyashree
(Querist) 22 March 2014
Sir,
Thank you for quick reply, But i need to ask you if it holds good for even if the maintainence application was done under HMA section 24 and not under Crpc?
My lawyer is now suggesting to separately apply for maintenece under DV Act also along with salary attachment in the existing EX.Petition.
We wanted to put in application for salary attachment but the judge refused to take onboard application and has issued a date after 2 months even after stating that money is needed for admission of my daughter in LKG(Requires lot of donation)on the contrary, Main MC petition dates are after every 15 days.Started feeling as if laws for women are good only on paper but implementation is quite poor.Before this the bench was vacant for last 2 and half months so couldnt forward any application earlier.
I apologise if any technical terms are wrong. Your help would be highly appreciated.
Rajendra K Goyal
(Expert) 22 March 2014
You should proceed for implementation of arrest warrants. Once arrested, it would force him to pay the maintenance.
Devajyoti Barman
(Expert) 22 March 2014
File petition in high court for order of expeditious hearing of the suit.
