Revision of 125 crpc and recovery warrent
jagjit
(Querist) 14 June 2014
This query is : Resolved
SIR,
MY WIFE HAS FILED THE MAINTENANCE CASE AGAINST ME IN WHICH COURT HAS ORDER 2500/- rS INTERIM MAINTENANCE. I HAVE GIVEN HER DRAFT OF 7500/- RS ON THE NAME OF BY WHICH SHE FILED THE CASE AND LATER ENCASED THAT DRAFT IN SOME OTHER ACCOUNT. ON ASKING THROUGH RTI BANK ACCEPTED THEIR MISTAKE. AND LATER WHEN AGAIN I HAVE SUBMITTED THE DRAFT IN THE NAME OF MY WIFE BY WHICH SHE FILED THE CASE, SHE HAS GIVEN HER AFFIDAVIT THAT HER BEFORE AND AFTER MARRIAGE IS DIFFERENT AND SHE CAN NOT OPEN THE BANK ACCOUNT BY THE NAME SHE FILED THE CASE AS SHE DO NOT HAVE ANY PHOTO ID AND REQUESTED THAT SHE MAY BE GIVEN THE DRAFT ON THE NAME OF HER BEFORE MARRIAGE AND I HAVE GIVEN APPLICANT ION THAT I REPEATEDLY INFORM THE COURT THAT SHE IS HAS FILED THE CASE BY WRONG NAME, AND IF SHE HAS OBJECTION NOW THEN WHY SHE HAD NOT MADE ANY OBJECTION ON FIRST DRAFT SO HER CASE MAY BE TURNED DOWN.
LATER THE COURT HAS ORDERED ME TO PAY THE AMOUNT CASH OR IN HER BEFORE MARRIAGE NAME. AND ORDERED ME TO TAKE BACK THE DRAFT I SUBMITTED. IN VIEW OF THAT MY QUERY ARE THE FOLLOWING,;
1. CAN COURT ORDER ME TO PAY CASH
2. THERE WERE SOMETHING WRONG AS VERY NEXT DAY I HAVE APPLIED FOR THE CERTIFIED COPY OF ORDER BUT I DID NOT GET THE COPY OF ORDER AS NO ORDER WERE WRITTEN AFTER TWO WEEKS BUT NOW THE ORDER IS IN THE FILE IN WHICH THE DATE IS OVERWRITE.
3. COURT HAS NOT MENTION ANY CLARIFICATION THAT WHY MY WIFE HAS RECEIVED THE FIRST DRAFT WITHOUT ANY OBJECTION.
4. I WANT TO GO AGAINST THE ORDER OF COURT SO I HAVE TO FILE QUASHING U/S 482 OR CRIMINAL REVISION IN HIGH COURT.
5.COURT HAS ORDER ME TO PAY THE MONEY TILL TODAY BUT TODAY IS HOLIDAY AND THE NEXT DATE IS MONDAY AND I DO NOT HAVE THE MONEY TO PAY NOW. SO CAN COURT ORDER RECOVERY WARRANT AGAINST ME AND WHAT HAPPEN IN THAT
6. IF COURT CAN ISSUE THE RECOVERY WARRANT AGAINST ME THEN CAN I ALSO APPROACH TO QUASH IT OR I HAVE TO FILE REVISION OR SOME OTHER WRIT.
KINDLY GUIDE ME, WITH REGARDS.
Adv. Pankaj Patil
(Expert) 14 June 2014
if you will give her a amount in cash she will accept that as the name in case hence she would not be able to apply for the repeat maintenance once she has accepted it in court in the recovery case and you will be safe.
so dont worry and pay cash maintenance in that case , as ordered by Court
Rajendra K Goyal
(Expert) 14 June 2014
Obey the court orders. You should pay cash before court as ordered by the court.
You can always go to appeal for any order of the court. You can stop payment if in your appeal stay is granted by competent court in the matter.
Devajyoti Barman
(Expert) 14 June 2014
1. No, mode of payment is online transfer or through cheque.
2.Try to get the copy asap.
3.Highlight this in revision if you file any against this order.
4.Quashing doe snot lie. You have to file revision either in sessions court or in high court.
5.You can pay later. Warrant is not allowed unless she files separate case for execution of the order.
6.Revision is in relation to merit ot he order , not about the warrant.
R.K Nanda
(Expert) 14 June 2014
agree with experts.
Raj Kumar Makkad
(Expert) 16 June 2014
Follow the advice provided by expert Barman.
