Procedure for enforcement of 125 crpc order

Querist :
Anonymous
(Querist) 18 September 2011
This query is : Resolved
Respected Members
My 125 crpc petition was finally disposed (ex-party as husband never come present before court)now court has finally ordered for payment of Rs. 2000/- per month from the date of Application that is 15/01/2009.My counsel is not helping me.I want to know next procedure for enforcement and recovery of maintaince + arrears .I have to file any new application in the court or not.Order date is 17/09/2011.My husband is residing in Rajasthan and i am living at Rohtak (Haryana)If my husband did not make the payment in that position court will send him summon or non bailable warrant.kindly advice.Regards
Mamta Rani
Raj Kumar Makkad
(Expert) 18 September 2011
Mamta! You shall have to file execution petition before same family court which passed the judgment after expiry of one month of judgment. Your order was passed on yesterday with the help of your lawyer and now you are alleging against him. This is not fair on your part. You might not have obtained even certified copy of judgment til date. Have patience and stop making false allegations against your lawyer.
You shall have to file execution petition and the court shall first send notice, followed by bailable warrants and non-bailable warrants and recovery warrant to precure arrears by selling his property, the list of which you shall file in the court.

Querist :
Anonymous
(Querist) 18 September 2011
Thankyou sir, i will keep your advice in mind.

Guest
(Expert) 20 September 2011
Shri Makkad has advised very rightly.