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Ravi (a)     27 January 2015

Under sec. 128 of cr pc

hello experts -

i filed divorced. my wife trasnferred to her city by approaching supreme court. she filed 24 HMA section asking huge money per month. i replied to that petition that she has been working. the family court ordered a huge interim maintenace per month + litigation expenes( litigation expense never asked by the wife in the petition).

as an agriieved person, i filed the revision petition in high court. the number got created and urgent notice served to my wife but stay not yet granted.

but the family court judge has been asking me to either produce stay order from high court or pay full money. due to this i have been paying piecemeal in every hearing.

now , the wife's lawyer has filed a petition under 128Cr PC praying the judge to direct me (respondent) to pay the balance amount otherwise attach the salary.

my queries are:

1. what is 128CrPC?

2. they didnt mention the highcourt MP no etc. in the 128 CrPC petition?

3. what is the meaning of attach salary?

4. Are they going to issue warrant against me for nonPayment of money?

5. is this petition maintainable on account that i approached high court for revision and have been paying some money on every hearing and the point is stay order not issued becasue next hearing is not available. i am not seeing new hearing dates on the high court website. :(

it's already more than a month passed but stay order not given. Any idea why High court has not yet granted?

Please help..



Learning

 4 Replies

ANAMIKA VICHARE (LAWYER)     28 January 2015

You are not giving your details properly…Simply making a statement that the wife is working does not serve the purpose, you must give the proof…name and address of her company, make an application for production of documents.. It seems there are 2 orders passed, one under s.24 of HMa and another in s.125 of Cr.P.C. and it seems that you got the notice but you did not attend/contest the s.125 Cr.Pc matter S.128 Cr Pc execution procedeeings for recovery of maintenance. Although you have filed in High Court, you have not got stay… For further advice send direct email to my ID anamika_vichare@rediffmail.com or Face Book A/c Anamika Vichare

Ravi (a)     28 January 2015

hi,

no CrPC125 filed by my wife. this is all about 24hma

my wife filed 24HMA and supressed all the facts like job details etc.

i replied with a counter and submitted the response i got it from her school thru RTI act.

we filed the revision petition against the order given in s.24HMA by the family court and got the main number in high court.

last hearing, they filed undre s.128 asking me to pay the balance amount ordered in s24HMA order failing which my salary will be attached.

my queries are still hanging...

1. what is 128CrPC?

2. they didnt mention the highcourt MP no etc. in the 128 CrPC petition?

3. what is the meaning of attach salary?

4. Are they going to issue warrant against me for nonPayment of money?

5. is this petition maintainable on account that i approached high court for revision and have been paying some money on every hearing and the point is stay order not issued becasue next hearing is not available. i am not seeing new hearing dates on the high court website. :(

it's already more than a month passed but stay order not given. Any idea why High court has not yet granted?

hope this is clear now.

Adv k . mahesh (advocate)     28 January 2015

Section 128 in The Code Of Criminal Procedure, 1973

128. Enforcement of order of maintenance. A copy of the order of maintenance shall be given without payment to the person in whose favour it is made, or to his guardian, if any or to the person to whom the allowance is to be paid; and such

it is an execution petition to take him into custody maximum to 30 days till he pays the arrears of maintenance

Ravi (a)     28 January 2015

thank you!

so is it going to be executed given the fact the stay order on the HMA order is in pending state?

they also filed the vakalath in high court against the revision petition case.


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