Filing of petition under sec 128 by husband

MohammedRaffiq Bijapur (Querist) 22 June 2013 This query is : Resolved
Brothers I wanted to know
1)whether a husband, who is facing an order of maintenance, can file petition under Sec 128 seeking permission to deposit the arrears of maintenance in the jurisdiction court where he is residing.

2)If yes its ok if he deposit the total arrears. what is the procedure for enforcement of the balance by respondent (wife) if he goes paying in installments?

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Devajyoti Barman (Expert) 22 June 2013
1. He can deposit in the court concerned only, not in any other courts.
2.The wife can file execution case to recover arrears amount.

R.K Nanda

(Expert) 23 June 2013
agree with expert Barman.

prabhakar singh (Expert) 23 June 2013
1.No!He can not.

2.Wife would file EP for balance realization.

V R SHROFF (Expert) 23 June 2013
can deposit in same court. Not any Court.
Pay by DD if away/ Send to ur Adv to deposit on ur behalf in that court/ if u cannot travel.

MohammedRaffiq Bijapur (Querist) 23 June 2013
thanks to all for ur valuable suggestions
However Sir what would be ur interpretation of the wordings in Sec 128
" such order may be enforced by any Magistrate in any place where the person against whom it is made"
Doen't that it can be enforced in other courts...

Nadeem Qureshi (Expert) 23 June 2013
Dear Rafiq sahab
The petition u/s 128 of Crpc can be filed before any magistrate except also, the magistrate who passed maintenance order where the respondent residing.

Raj Kumar Makkad (Expert) 24 June 2013
Very well advised by experts.

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