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MS Kaur   01 October 2021

How many times can court issue conitional warrant in a execution

Sir
Family court vide its order dated Sept 2014 allowed maintenance for me and my minor daughter. Every time I have file execution under 125 for recovery of maintenance. Since Sept 2019 My husband has not paid any payment in the pending execution. Since August 2020 family court has been issuinh conditional warrant in all pending executions but it is returning unexecuted. Please tell 1. Is there any provision in the law that court cannit issue conditional warrant for more than 8-10times if it returning unexecuted.

2. Is there any provision to declare PO in this case.
3.can IO do enquiry to the people who is in regular contact of my husband on the basis if his CDR.


Learning

 2 Replies

Dr J C Vashista (Advocate)     03 October 2021

Execution of a decree is a civil proceeding, which is not a crime / offence to declare Judgement Debtor as PO and/ or inquiry by IO.

The judgment debtor has to be informed / notified / summoned.

There is no limit (number) of conditional warrants but shall have to be executed before proceeding further.

Your counsel is the best person to advise and proceed. 

MS Kaur   03 October 2021

Thanks for your reply Sir, but in my case for  9 consecutive times conditional warrants are returned unexecuted and inspite specific direction of court no whatsapp location could be traced by police. My husband is deliberately avioding the execution of warrants and not paying maintenance since 2019.

Now court is saying that according to law there is a limit to issue warrants and can not issue further warrants.


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