Recall of warrant rejected by family court
Sundram N
(Querist) 20 February 2016
This query is : Resolved
Dear Sir(s),
i filed the petition for recall the warrant issued in ex party order of maitenance case under section 125. as i already filed revision and my revision is accepted and principal judge ordered to serve notice to party.
in such circumstances, family court issued warrant and rejected my recall petition.family court mentioned that husband was aware about the maintenace case and he is not paying maintenance. as i am out of state as case is in Bihar and i am in west bengal.
kindly suggest :-
1.where i have to go to saty the warrant ?
2. where i have to go for giving opportunity to my revision petion aganist ex party order ?
Devajyoti Barman
(Expert) 20 February 2016
Warrant is maintenance is recalled only of part payment is made towards clearance of arrears maintenance.
So appear in the same court, make some payment. The warrant would be recalled.
You can not avoid maintenance only because the is granted ex parte.
Rajendra K Goyal
(Expert) 21 February 2016
Agree with the expert Devajyoti Barman.
