Arrest warrent under crpc 125

No not arrest warrant the Family Court will only send him summon to make payment. If he refuse to make payment, his salary or bank account can be attached by the court. His arrest and sending him to jail comes only if all the above options not possible and husband refuse to pay the maintenance due from him u/s 125 Cr. P. C.

Sir, I am still in the same dialemma. Why is this? One say arrest is the last option and others say Arrest Warrent that too Non-bailable. Please understand I am facing the issue and also poursuing LLB. Please tell whats the correct answer? Thanks

Kamakshi Madam, to your answer, If the husband is arrested and put in the JAIL then how come he play the maintainance? Do the Govt or Court pay on be half of him. Lets say he is not Govt Employee, iof he go to Jail obviously he dont have job then if he have any property then court will attach if no property then what the court will do? Is this MC to take revenge on husband by sendin him to JAIL. One more thing, In this case is the husband go to Citil Jail or normal as criminals?

if husband is mentally ill taking medicine of Depression. and in able to do work . . then jail in 125 crpc will be same criteria for this person

Without knowing the facts and behavior of wife please use foul language. Mind your words when you reply. Dont think all advocates are half knowledge. Be polite when answering in public forum else dont answer no one forcing you. i Know the problems those i faced. Without know dnt simply use words. That too u r comparing with Lalu ha?Mind your words madam. I thought here are good lawyers with full knowledge unfortunately unwanted people are replying

Dont think i am not feeding wife. My wife is M Tech. She just using the provisions in LAW. Cant LAW think the lady who did Mtech and worked in Software industry for 5 yrs and lecturing field for 3 years without any disability can maintain?

Mr. Vijay Raj Mahajan's reply gave you the full answer.  First court will try to draw money by attaching his salary or other income source.  If that is not possible in a given case, then arrest warrant will be issued.  How can he pay while in jail and other queries are phylosophical and have no relevance so far your query is considered and statute has not addressed it like that.  Even though it is called civil imprisonment, he will be put in regular prison.

I think civil jail will be one month long . In time span of one year . And again one month in second year . But in third year wife have to pay for daily expenditure of husband in jail. But how long jail time is at third stage ??????? Can anybody guide here.

correct answer to your query: Initially only summon will be issued, you appear, explain the reason of non payment, court is satisfied of non payment, you will not be sent to jail. Yes, if court is satisfied that you have sufficeint means and deliberately u r not making payment, u will be sent to jail. Non bailable warrant will only be issued if u do not participate in court proceedings. The best way is to pay, doesn't matter how much, but some amount, so that court can be satisifed that u r trying to obey the order. For further clarification, u can write to me at "omshivalegalservice@gmail.com"

Dear Lolita, let me correct u. FIRST, the barrack in family matter is not the same where hard core criminals are incarcerated. Jails too are divided on the basis of criminals. SECOND, wife need not to pay anything like jail bhatta, as it need to be paid only in case of civil prison. Crpc 125 is a crminal proceeding and no such jail bhatta need to be paid if wife ask that husband be sent to jail in execution of maintenance petition. THIRD, u should be polite while replying to any query. Husbands are not criminal. In most of the cases they are aggrieved person, Hon'ble supreme court has accepted this.