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Arvind Singh Chauhan (advocate)     22 May 2014

What is the correct procedure

Sir for the recovery of maintenance amount. After filing the application for recovery what steps should be taken ?

Notice to O.P?

or Form No. 19 of Cr.Pc is for the attachment of property  ?

If O.P has no property waht is the solution ?

I could not found format or procedure in Cr.P.C ?

FORM no. 18 is warrant which is addressed to officer in charge of jail. It will apply only after arresting of O.P.

Whether court can issue NBW ?



Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     24 May 2014

Maintenance ordered under which section and law, whether it is under section 125 Cr. P.C., if so under which section have you filed the collection petition?  What is your query, and what is your case, furnish more details so that a proper opinion can be given.

Arvind Singh Chauhan (advocate)     26 May 2014

Sir realisation is filed under 125 ( 3 ) & 128 Crpc. O.p has no property. According to Cr p c what step should be taken considering my query.

Arvind Singh Chauhan (advocate)     30 June 2014

Sir OP is avoiding the notices. Now in which section warrant for arrest can be issued ? He has no property. Magistrate is asking to show the correct procedure as. there is no provision of NBW. Please provide citation or law in this regard that NBW can be issued to OP, if no recovery is possible from property or he has no property. He is getting pension. But law is lame on this side.


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