Sharad Verma 15 May 2019

How to get a warrant cancelled

My son didn't pay full maintenance money awarded by Family court to his wife. He is studying in USA by taking education loan and doesn't have any income.
Family court asked him to appear in court. He sent a letter to the court asking for more time to pay the money because he is under financial hardship. On second date, the judge issued a warrant against him. He has recently paid 30000/- and a total payment of 1.3 lacs, still 85000/- are outstanding.
Meanwhile, my son had appealed against the family court's decision in High Court, where he was asked to come for mediation with OP.
My query is (1) How to get the warrant cancelled? (2) Should he come to India to attend mediation?
Thanking you
SVbharuch

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4 Replies

Adv Deepak Joshi +917017821512 (Advocate) 15 May 2019

revision of warrent

Sharad Verma 16 May 2019

Deepak Joshi, i thank you for replying me for my query. My son has paid Rs.30000/- out of total outstanding maintenance amount of Rs 1.2 lacs. My question is that how he can get his warrant cancelled. Should he write to the court to cancel the warrant with assurance that he will pay the entire amount, once he is able to arrange more funds.
At present he is in USA, is it advisable for him to come to India to attend meditation aa directed by High Court under his revision petition against the maintenance order of the family court.
regards

G.L.N. Prasad (Retired employee.) 16 May 2019

The best way is to close the issue and give mental peace to your son for his studies, by managing some amounts by you through your friends and relatives. When there is an issue, you have to cut the roots and should not postpone the issue. There may be several hidden complications that you may not understand and focussed only on cancellation of warrant., but that is just postponing the event, and not ending it. Contact your ex daughter in law, explain her, convince her and try to find a permanent solution.

Sharad Verma 17 May 2019

Thank you, Mr. Prasad for your advise. My son has appointed a lawyer and has decided to make payment part by part by borrowing money from friends. This is only to buy peace and ensuring that he could bring his ex wife to a negotiating table during mediation under High Court supervision.
it is like eating the bitter pill, hoping that the decease will be cured.