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(Guest)

Non Payment of Maintenance Amount U/s 125 CrPC

An Ex party judgement has been passed by the family court (Delhi) u/s 125 CrPC in 2005. But still  the JD is not paying the amount since last 5 years as on date. Warrant of attachment have been issued in 2007 but of no avail since JD is not holding any property.  Warrants of arrest have been issued thrice but could not executed since the JD is living in UP.

Now please tell me how to execute the decree?

Mr Bechara....................for helping others only



Learning

 5 Replies

Bhawani Mahapatra (Law Officer)     14 January 2011

Hello

If you know where the JD lives presently, then pray the family court, Delhi to send NBW/Order of attachment to the court of UP, under whose jurisdiction the JD is living presently.

adv. rajeev ( rajoo ) (practicing advocate)     14 January 2011

First you will have to send arrest warrant, after that attachment of moveables. If no moveable available then get attach the immoveables.

If he has got salary then get attach the salary.


(Guest)

Warrant of Attachments were sent but he is not having immovables and Warrant of arrest were sent but were not returned /reported back to court.

Now what options are availble under these circumstance?

Shrabani Dey (Advocate)     14 January 2011

warrent can be sent outside jurisdiction u/s 78 cr.p.c.


(Guest)

Mr Rajoo

under which code the recovery proceeding be initiated for recovery of maintenance amount

Mr Bechara...........


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