Maintenance
sasha
(Querist) 21 April 2013
This query is : Resolved
My husband left the house in 2010 aug . In nov 2010 I had started the case of 125 crpc. July 6 th my maintenance was granted .it was 30,000 for me nd both my children.my husband is captain in merchant navy .but at present he is not going on job.
He had given me maintenance of 8 months and fees of lawyer that was 2 lakh 48 thousand . Now my maintenance of 20 months is pending . 5 warrants had been issued against him . Then they gave me a forged check nd warrants were cancelled. Now they r not receiving notices n summons of the court.
All properties he has alienates from his name .there is nothing on his name . An FIR had been lodged against him nd his mother for dowry nd chalaan has been put in court in different city where I got married.
I hav no idea wat to do.whenever he was giving me money thru check it was from his mothers count pertaining her signature. I hav two children whom I am raising .my qus r
Is there no alternative I can take my maintenance?
Can I tell the judge where chalaan has been presented for maintenance?
How can I impound his passport?
Advocate M.Bhadra
(Expert) 21 April 2013
You can file a petition for cancellation of his passport,and also file a Petition u/sec.82 and 83 Cr.P.C. for proclamation of attachment of property in Judicial Magistrate Court.
ajay sethi
(Expert) 21 April 2013
ypu must have taken out execution proceedings for recovery of your maintenance arrears.in execution proceedings you can pray for his arrest .
if he had properties in his name you should have obtained inunction restraining him from selling his property .
you cna make application under DV act and seek alternative accomodation and othe reliefs
Nadeem Qureshi
(Expert) 21 April 2013
Agree with experts,
for impound the passport you should contact passport authority, the court has no power to impound passport.
