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SANJEEV KUMAR (STUDENT)     12 July 2011

Arrest in the court

HUSBAND IS APPEARING REGULARLY IN 498A CASE BUT HE IS NOT APPEARING DESPITED DULY SERVED SUMMONS IN MAINTENANCE CASE COURT (125Crpc ) . BOTH COURTS ARE DIFFERENT. ARREST WARRANTS ISSUED AT HIS RESIDENCE REMAINED UNEXECUTED. NOW:

Q1: HOW HE CAN BE ARRESTED WHEN HE IN COURT PREMISES/AREA/BOUNDRY ( NOT IN COURT)

Q2: CAN HE BE ARRESTED IN COURT WHILE APPEARING IN 498A CASE AND HOW?

Q3: RELEVANT CASES IF ANY.



Learning

 17 Replies

pratik (self working)     12 July 2011

l also want to know. To arrest a accused in the court the presiding officer premission is required.

I dont have the case law to support the answer but LD members will give as i think.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     12 July 2011

Yes he can be arrested and produced before the concerned court,if there is any warrent pending in maintenance case.

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     12 July 2011

As you mentioned arrest can be done in court premises but not inside the court.

Raghav Sood (Lawyer)     12 July 2011

request the presiding officer to fix the case of maintenace with that pending date of case under section 498A in another court and on the same day again the request the PO trhough counsel of tell the baliff or the Police official of court he will do the rest as there is already NBW issued against him.

he will be duly served 

Saurabh..V (Law Consultant)     12 July 2011

Aptly answered ... :)

 

//peace

/Saurabh..V

SANJEEV KUMAR (STUDENT)     12 July 2011

Since the NBWs issued remained unexecuted so the Maintenance Court has been requested to arrest the Husband in 498a Court . Next date has been fixed same as in 498A case. But under which section of CrPC  the maintenance court will order for arrest in 498A court and what should be procedure for arrest. 

Raghav Sood (Lawyer)     12 July 2011

wait a sec the case might be of enforcement of maintenance order  because in case under 125 CR.P.C the respondent can be proceeded expartein terms of proviso 126 CRPC.

however procedure of warrant of arrest is engrained in section 70 CrPC

SANJEEV KUMAR (STUDENT)     12 July 2011

Sood ji

it is case of enforcement of maintenance order. Even the Maintenance order was made ex parte due to non appearance of Husband. the court is also fed up with continuance of absence of husband despite court orders. Since the husband is resident of UP and case is in Delhi so the earlier NBWs remained unexecuted. 

Now how to get arrested husband.?

Raghav Sood (Lawyer)     12 July 2011

i was unable to respond because of vague query please clarify the the pendecny of the cases are at Delhi or UP

SANJEEV KUMAR (STUDENT)     12 July 2011

Husband is resident of UP and both cases are in Delhi 

prashant pundhir (Criminal Lawyer)     13 July 2011

125 cr.p.c. is a quasi civil proceeding . So if the husband is not appearing before the court,why do not you pray to the court for Ex-Party proceeding and produce your witnesses and evidences . If he is doing his harm by himself, then you take advantage of that . Summons are propely served to him , it is sufficiant .

SANJEEV KUMAR (STUDENT)     13 July 2011

Pundir Ji

Husband is not paying the maintenance amount. Case has already been decided ex parte. Now problem is how to enforce the ex parte order.

sanjeev 

Sajeev Menon (Legal Consultant Dubai 00971 508836442)     13 July 2011

Hi, you can pray before the court to get a warrent issued either by hand or via concerned police station and get it executed.

P V Namjoshi (pvnamjoshi@gmail.com)     14 July 2011

Court room is quite diferent from court premises. Out side court room the person may be arrested and if one is to be arested it can be done by the permission of the judge. Question of maintainanve please read the provisions of Sec. 126 cr. P.C and allied section with comentary too. Use a good digest or text book. 


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