execution of order u/s.125 crpc
koustubh bhide
(Querist) 17 September 2013
This query is : Resolved
Under what provision the property of the hunband can attached / or sold/ or auction. Whether it is quasi civil proceding and cpc in such case applicable?
Nadeem Qureshi
(Expert) 17 September 2013
Dear Querist
READ section 125 (3) of Cr.PC.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.
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ajay sethi
(Expert) 17 September 2013
academic query no reply
R.K Nanda
(Expert) 17 September 2013
academic query.
koustubh bhide
(Querist) 17 September 2013
No sir, this is not academic quary.
One maintenance recovery case is pending in the court. In which court order policeto attach the property of the hunband for not paying the maintenance to his wife. Then police went to the house of huband and attached the bike which is found outside his house. So,my quary is that under what provision or sec. I can tell the court to auction the said bike for not maintenance recovery amount. Is there any sec.where i find auction sale of attach property.
