Enforcement of maintenance
MohammedRaffiq Bijapur
(Querist) 22 June 2013
This query is : Resolved
Whether Sec 421 of CrPC is applicable for enforcement of arrears of maintenance(125 award) amount by attachment of immovable property?
Advocate M.Bhadra
(Expert) 22 June 2013
No need to file a petition under section 421 Cr.P.C.,rather on default the payment of maintenance then wife can approach for warrant of arrest.If the husband is to abscond then wife can file a petition u/sec.82 and 83 for attachment of property and bank account if the property is in the name of husband.
Raj Kumar Makkad
(Expert) 24 June 2013
Section 125(3) contains all provisions of section 421 Criminal procedure code qua maintenance.