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sai narayana   30 October 2017

Repercussions of not attending on crpc 125 (3) notice.

My wife won Crpc 125 case on 27.07.17 with a direction for me to pay the maintenance by every month 5th and with a direction for her to furnish(share) her bank details to me.

She has not given her bank details so far and instead filed execution petition 125 (3) with a prayer to attach my salary for pending dues. She didn't prayed any arrest/warrant etc. Yesterday i received the notice from the court to attend the hearing on 17.11.2017 without any miss.

Without complying the court directions of her part of sharing her bank account details, my wife filed execution petition straightaway. Moreover, since she had already obtained divorce against me and not shared her account details even after passage of more than 3 months from Crpc 125 order, I felt she maybe busy in her remarriage plans so, I didn't filed revision in high court against the maintenance order. 

My queries are

1. So can I ask the court to dismiss the executio petition as my wife didn't shared her bank account details before filing this petition?

2. If I missed to attend on 17.11.17, may the court wait till the next adjournment for my appearance or straight away issue warrant/judgment on first day itself?

3. As my wife didn't prayed arrest/warrant etc so if i skip attending the court completely, what can be the repercusssions other than attachment of my salary?



Learning

 8 Replies

Vijay Raj Mahajan (Advocate)     30 October 2017

Whether the wife prayed for your arrest or not still Family Court can issue arrest warrant against you if you fail to attend court in execution matter. You can be sent to jail for non payment of the money due from you to the wife. Your pleas as mentioned here will not be taken in to consideration by execution court. File revision against the maintenance order in the High Court or move application under section 127 Cr P C for any changes in your income or her having sufficient source of income to revise the order of maintenance granted to her.

sai narayana   30 October 2017

Originally posted by : Vijay Raj Mahajan
Whether the wife prayed for your arrest or not still Family Court can issue arrest warrant against you if you fail to attend court in execution matter.
You can be sent to jail for non payment of the money due from you to the wife.
Your pleas as mentioned here will not be taken in to consideration by execution court.
File revision against the maintenance order in the High Court or move application under section 127 Cr P C for any changes in your income or her having sufficient source of income to revise the order of maintenance granted to her.

ok Sir,

I will file revision in high court.

But without her bank account details how can a person transfer the amount, so is it not unfair from her side to file execution first and sharing bank account details later?


(Guest)

NO need to go to high court.

File change in circumstances petitoin in family court itself.  However you have to clear old balance both if you go to high court or you give petitoin in family court itself.

High court will require you to clear half dues.  Negative side is it may increase the alimony which was ordered by family court if it finds that it is less.  Or it may after 1 year or so dismiss your appeal and you will still have to pay her the dues along with interest.

If you dont want to get arrested, pay some 1000 rs to her on each date.  Dont pay more than that.  Show some loan records which you are paying to the court.  Court wont put you into jail if you keep paying paltry sum.  

The trick is keep paying little, if not full.  If you wont pay at all, as Vijay said, you will go to jail.

Going to HC is no use in maintenance case, HC wont interfere in lower court decision regarding maintenance, unless you are having some dreaful disease or are dying.


(Guest)

NO need to go to high court.

File change in circumstances petitoin in family court itself.  However you have to clear old balance both if you go to high court or you give petitoin in family court itself.

High court will require you to clear half dues.  Negative side is it may increase the alimony which was ordered by family court if it finds that it is less.  Or it may after 1 year or so dismiss your appeal and you will still have to pay her the dues along with interest.

If you dont want to get arrested, pay some 1000 rs to her on each date.  Dont pay more than that.  Show some loan records which you are paying to the court.  Court wont put you into jail if you keep paying paltry sum.  

The trick is keep paying little, if not full.  If you wont pay at all, as Vijay said, you will go to jail.

Going to HC is no use in maintenance case, HC wont interfere in lower court decision regarding maintenance, unless you are having some dreaful disease or are dying.

sai narayana   30 October 2017

Originally posted by : Adv Raj Malhotra
NO need to go to high court.

File change in circumstances petitoin in family court itself.  However you have to clear old balance both if you go to high court or you give petitoin in family court itself.

High court will require you to clear half dues.  Negative side is it may increase the alimony which was ordered by family court if it finds that it is less.  Or it may after 1 year or so dismiss your appeal and you will still have to pay her the dues along with interest.

If you dont want to get arrested, pay some 1000 rs to her on each date.  Dont pay more than that.  Show some loan records which you are paying to the court.  Court wont put you into jail if you keep paying paltry sum.  

The trick is keep paying little, if not full.  If you wont pay at all, as Vijay said, you will go to jail.

Going to HC is no use in maintenance case, HC wont interfere in lower court decision regarding maintenance, unless you are having some dreaful disease or are dying.

1000/- payment to my wife can't satisfy her father's greed. They will not wait. They will go for attachment of my salary.

AIB   30 October 2017

As lawyers have suggested send her cheque via courier and submit record in the court that you are paying even though you don't have her account details.I know a lot of people who have not cleared past 2 year of due and nothing happened to them but they paid 1000 rupees just like the suggestion you have received.

b.goheel   30 October 2017

practical advice

sai narayana   31 October 2017

How long can I drag the case by paying paltry amounts of 1000/- or 2000/- because, even though the maintenance ordered is beyond my capacity to pay but I am a government servant and also the judge is a wife-pro so my ex-fil will certainly insists on attachment of my salary and for this very same reason he is making his daughter wandering around courts instead of searching for new groom even after obtaining divorce on their own will.


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