Simi 23 August 2018

Husband not paying arrears since 5 yrs

got an interim order passed of 5k monthly which is to be paid since the time of application whch was 23 dec 2013. Husband did not pay a penny. Then distress warrant was issued whch cud not be executed as he changed his his address and was not traceable. Then again arrest warrant was passed under sec 125 (3) crpc and my husband filed filed for an appeal for stay of warrant whch got rejected and meanwhile my warrant expired and police filed a report saying he is not traceable. Now what should be my next step. I hav filed an application for nbw against him but judge has asked for the provision or citation about the same. Help me as to wat should be my next step.

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14 Replies

s kumar 23 August 2018

an application for declaration of po may be moved and if he any property movable or immovable can be attached by court. same can be publically auctioned to satisfy your pending amount of maintenance.

Simi 23 August 2018

sir , he has nothing in his name . property is in his dads name. then how should i move ahead. he even hav left work and now his new place of work is also unknown

K Chakraborty 23 August 2018

please collect the certify copy of last order from the adhering court and file a petition as per the provision of Article 226 of I/C on the matter of failures of police

Simi 23 August 2018

sir i have certified copies of last order ( you mean the one of arrest warrant under 125 (3) crpc right?) and i also have police reports of distress warrant and arrest warrant where in 1st case he has left that place and second he was not traceable. i also want to knw in this article 226 of I/C what will happen will police arrest him ?

s kumar 23 August 2018

Do you have his mobile no. Moreover he may be served warrant of arrest or warrant attachment through his parents if you know the property in his parents name.

Simi 23 August 2018

Yes i do have his mobile number and i know that property is in his dad's name. Warrant of arrest was there under section 125 (3) of crpc but that got expired and his appeal for stay on warrant was also rejected but now for police to catch him i need warrant or nbw again

Simi 23 August 2018

i also know that his mother knows about him and they have even clicked a recent photo together on facebook.

s kumar 23 August 2018

Challenge the untraceable report submitted by police. You have many other remedies also. More details of Ur case is required. Send on skradv7@gmail.com

K Chakraborty 23 August 2018

Yes, in case of a suit of Article 226 IC in relation with inaction of police..... police may take extra initiatives to arrest him. Thanks

Simi 23 August 2018

can i make an application stating that mother knws the whereabout of his son and she is concealing and abateing the proceedings coz she alws remains present on all date and she has a recent foto clicked of her with her son on fb and also she is an accuse no 2 in dv matter

SOLOMON.RAJ (advocate/director) 24 August 2018

Hii Simi,

You have an alternative , please file a case under section 498-A of IPC where in the police will issue notice to him for attending the counselling.

In your case here in if you have his mobile no. police can trace him or contact him and can summon him.

If he doesnt turn up police will notify his parents to send him to the police station.

If not based on your complaint police can register an FIR and arrest him which time he can also be tried under 125 of CRPC.

Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086

Simi 24 August 2018

498-A is already registered and there is an NBW against the same accuse which is pending. but what step should i take in dv his mom knows his whereabout can i make an application that mom his hiding tje accuse. now 498-a date is aftr 6 months so till then the nbw is valid know until his arrest or whenever he himslf cancels the nbw. but for recovery of money what is nxt step