execution in 125 Cr. P.C
Adv B.B.Gambhir #9814820602
(Querist) 01 February 2011
This query is : Resolved
Dear brothers,
Neeru filed a petition under section 125 cr.p.c against my client rishipal in the year 2003. my client did not turn up so he proceeded against exparte in 2006 hence the petition finally decided in favour of neeru and court granted maintainence @1500/- p.m for neeru and her minor daughter. the execution for maintainance is pending in the court. but in the year 2007 rishipal become blind he is not earning anything. the application for seting aside exparte decree has been dismissed already. application under section 127 cr.p.c is pending now the court is saying either to pay the maintainance or i will send your client in bar. my question is what should we do to save my client to sending into jail as he has no money to pay. kindly suggest me.
thanks
Devajyoti Barman
(Expert) 01 February 2011
Unless the order already passed is set aside the arrears is legally recoverable. So challenge the order before the High Court and pursue the proceeding under section 127 crpc as well.
Ajay Gulati
(Expert) 02 February 2011
First of all there is no provision in Cr.P.C for setting aside ex-parte decree and Order 9 Rule 13 will also not apply.
You need to challenge that order granting maintenance and you have a very good case specially the circumstances.
Court may do something in your favor.
Jainodin shaikh
(Expert) 02 February 2011
Just move an application befor the executing court stating that your client is ready to cohabit with the applicant and thats why he is not willing to pay the alimoney. In the event this application is rejected you can file revision against it and seek stay to the proceding from session court. And if you client is sent in jail at the time of rejecting the above application you can get bail in the revision.
