recovery of maintenace
ambika.S
(Querist) 09 March 2009
This query is : Resolved
Husband is living in Australia living behind wife and daughter and neglecting them by not maintaining them. Wife files a petition. criminal miscellaneous petition under section 125 seeking maintenance.
Husband unclaims the summons and placed exparte.
wife is awarded maintenance.
Wife files recovery petition, husband avoid the summons by unclaiming the post.
Warrant of Arrest is Ordered by the Court.
How can a warrant of arrest executed?
B.B.R.Goud.
(Expert) 10 March 2009
where the wife and daughters reside?
whether it is specified that the husband is staying/living in Australia?
if so, through court proceedings, the summons/warrant is served within the australia and ordered to brought him to here.
MANISH
(Expert) 10 March 2009
Dear friend,
Although the provision of maintenance is given under the Cr PC, but the proceedings are civil and nature, and hence the provisions of CPC are applicable in such proceedings.
However, no such provision is given under Cr PC, but such provision is given under CPC. So, such a decree attains the position of that of a decree granted from civil court, and the same is executable as foreign judgments.
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
SANJAY DIXIT
(Expert) 20 May 2009
You may send it through indian Embassy.
