Mr Venu I filed maintenance u/s 125 from my parents city where i am residing at present with my child.I was residing with husband in another city which is in different state.Summons were served upon him in 125 case.Husband didnt appear.Exparte maintenance order passed in my favour in may 2016.After passing of the order my husband filed 126(2) in may 2016.His lawyers didn't send summon to me.I filed 125(3) in september 2016.Summon was served on husband.He didnt turn up on that date.So recovery warrent was issued on 4/11/16 and date on 2nd december was given.Husband's lawyer's junior was also present on 4/11/16 and argued that 126(2) is pending so recovery warrent can not be issued.She was forcing me to appear in 126(2) .When i said summon has not been served upon me in 126(2) case Judge noted in 126(2) case file to do "pairavi".Recovery warrent was posted to husband's city.I inquired by ringing in that police station what action they are taking?They said we have sent constable to your husbands house but it was locked.In the mean while my husband came to the family court and gave application for stay order on 18th nov.Judge was on leave that day.So on 22.11.16 Judge noted in file that application given by husband will be considered only on the next date on 2nd december.My husband took copy of this and sent to police station by email.When i asked police inspector again what action he is taking he said your husband has got stay.I tried to tell him it is not stay order but he didnt pay attention.Police inspector has sent a letter to family court as well stating that he got copy of stay order by mail from husband.I saw letter by police inspector in my 125(3) case file.
My date in both 125(3) case and 126(2)case was on 2/12/16.Husband and his lawyer both were present but Judge was on leave.Court clerks were giving dates to everyone.His lawyer created a scene by shouting on top of his voice on the court clerks that he want stay order on 2/12/16 itself so they should send the file to another Judge of family court.(There are two Judge in family court).So clerks said ok,but than he and my husband agreed upon date of 15/12/16 which was given in both 125(3) case and 126(2) case and his lawyer went back shouting that he will get stay order on 15/12/16 and also get exparte order set aside on 15/12/16.
Sir can you please let me know if my husband can obtain a stay order against recovery warrent from family court itself ?Isn't he required to go to the highcourt for this?Husbands lawyer is one of the best in city,very very influential.He was so sure he will get stay order and get exparte order set aside that he was boasting about it on 2/12/16 in court .Infact he is not even sending summon to me in 126(2) case.My lawyer told me these are intimidating tricks by lawyers but still me and my widow mother were really shaken.