Judge saysmake the payment or go to jail
yogesh
(Querist) 19 February 2014
This query is : Resolved
Learned experts members...My brother was awrded high interim maintenance u/s 125 Crpc of Rs 20,000 per month by Ld JMIC in Januray 2014 from date of application ( December 2012) for children and I have collected the order few days prior to date of hearing and on hearing date the opposite party moved an application under section 128 Crpc for enforcemnt of order and the Ld JMIC has directed either to make payment of Rs 3.lakhs at the arte of 20,000 per month immediately or I ill take action and my brother will land up in jail..However we managed to get date for its implementation and reply....
Now as far as revision or challenging the interim order is concerned whether ist advisable that we should go for revsison before the session court or before the H.C UNDER 482 crpc...Since 3 lkah at one lumsump is very high..whether the judge can straight away send my brother to jail without exhausting remedy under section 421 Crpc??..Please advise with your suggestions ??
Devajyoti Barman
(Expert) 19 February 2014
You have again posted on different topic.
Unless you disclose your identity , I am not going to answer you.
yogesh
(Querist) 19 February 2014
yes sir..I have disclosed many times that I am advocate..please see my previous posts and I alos give reply to the queries too..But for self I am seeking second opinion
Devajyoti Barman
(Expert) 19 February 2014
Make a part payment to protract the execution proceeding so the high court may pass interim order till revision is disposed of.
