Without prejudice in execution of decree

Originally posted by : MANISHA
	Dear Lawyer, In my execution of decree ( 5 year old case)  case arrest warrant were  issued,but not served for the consent term of  receipts for fees of the child. After 2 dates( these 2 dates arrest warrant application was made by us) Respondent not appeared in court but sending adv.who is not in VP to give pursis as follws  1.The res hereby do undertake that he shall  attend  the office of sub-registrar  on ---(for the tarnsfer of property share on child name) 2.The respondant is today depositing amount without prejudice to his wife to contest the actual amount a for ----toward the alleged fee of the child.( amount of cheque is just 10% of the receipts submited) 3.The respondant is ready to sit across the table  with his counsel &the counsel of the petitioner to work at the balance amount if any. pl advise me what inferrance is drawn out of it ,whether i should move that money withdrawal application or wait till next date? judge has acepted cheque,not issued arrest warrant. Pl advise. Thanks.

If there is no balance in the account, then be ready to face few more cases including that of cheque bounce.  If warrant issued, you will be arrested and taken into judicial custody.  If you escape arrest, NBW issue.  If get caught, no bail till Judge agrees to it.  Doomed, this is what they call.

1.  You should move application and withdraw the amount deposited by him.

2.  Make sure that he will appear before the sub-registrar and do the needful for transfer of the property as agreed upon.  If he does not to do so, then you can move contempt petition before the same court or high court, whatever you choose.

3.  As suggested by the court, sit before the mediation and settle about the remaining amount.  The court gave you the elbow room to deliberate about the remaining amount and that right has not been closed for you.  If in the mediation, you do not satisfy about their line of argument, which probably they say that no more dues are payable by them, then you ask the mediator to send the matter back to the court to adjudicate the matter and there again warrant of arrest will be issued against them at the behest of your application (if he does not turn up in the court) or if he appears, court will adjudicate the amount due and start recovery process as laid down in law.

Dear Advocate

Thank you for the reply.