Defense struck off in connected case

Your arguments hold no water.  shaadi ki he to maintain karna hi padega.  Thats the whole point of this.  10 percent or whatever the Court should get convinced about your argument, if dues are heavy, you need to clear them or else the divorce and custody case wont move an inch.  Anyway if you dont clear dues, warrant will be issued.  IF you get caught, you will be in magistrates custody until you clear old dues and will be let out only after that.  If you dont get caught NBW issue, this time if you get caught, no bail till magistrate gives his nod.

Even if you plan to bring back wife to get away from not paying alimony, old dues need to be cleared only after that you can bring her back.  Any related cases wont  move an inch till you cough up money.

Originally posted by : Helping Hand !
	Your arguments hold no water.  shaadi ki he to maintain karna hi padega.  Thats the whole point of this.  10 percent or whatever the Court should get convinced about your argument, if dues are heavy, you need to clear them or else the divorce and custody case wont move an inch.  Anyway if you dont clear dues, warrant will be issued.  IF you get caught, you will be in magistrates custody until you clear old dues and will be let out only after that.  If you dont get caught NBW issue, this time if you get caught, no bail till magistrate gives his nod.

Arrest warrant etc for Crpc125 not for S24. And you are deviating the complete topic. The divorce is initiated by my wife hence my striking of defense situation arose. Whereas you are saying case wouldn't move an inch. If the case is not moving, where the question of defense arises??

Originally posted by : sai narayana
	Originally posted by : Helping Hand ! Your arguments hold no water.  shaadi ki he to maintain karna hi padega.  Thats the whole point of this.  10 percent or whatever the Court should get convinced about your argument, if dues are heavy, you need to clear them or else the divorce and custody case wont move an inch.  Anyway if you dont clear dues, warrant will be issued.  IF you get caught, you will be in magistrates custody until you clear old dues and will be let out only after that.  If you dont get caught NBW issue, this time if you get caught, no bail till magistrate gives his nod.   Arrest warrant etc for Crpc125 not for S24. And you are deviating the complete topic. The divorce is initiated by my wife hence my striking of defense situation arose. Whereas you are saying case wouldn't move an inch. If the case is not moving, where the question of defense arises??

Read your query again.  When court says so, it is so.  No further arguments.  Nothing above discretionary power of Court.  If end result unfavourable you have option of going appeal within appeal period.

Yes defence can be struck off . Regarding part payment your lawyer should have pleaded  about the same at the last hearing . Now everything is at the discreation of the Judge .

If defence struck off that in CRPC 125 they may pass another order for maintenance . Last option you have is to go in for appeal . Than in Appeal ame problem they will say first clear the dues or maybe half the dues and than we will proceed ahead .

Before arrest warrant if you have any property they may attach the same and recover the dues .If no property than you become tarzan and live in the Jungle with the animals or else you would have to look out for a jane to move into the jungle . 

Agree with Stanley ji.  Property attachment is another headache for you, if you have any in your name, trying to transfer to moms name or somebody elses name will be futile at this stage.  I suggest in such case, better transfer to wife name and go stay with wife. 

If your wife filed for divorce and you are enquiring about 24 hma or 125 crpc petition proceedings, itself waste.  If she dont want to stay with you, why the hell will you even pay her anything? Dont pay her anything.  Above advise given thinking that you had filed divorce. But as your wife filed divorce, be adamant and say wont pay a penny under any section of law.