LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

A Raja (Advocate)     01 May 2011

Section 125- CRPC

under section 125 CRPC, can we claim future maintenance? 

 under section 125 CRPC, is it possible to file a garnishee attachement? Any suggestions please...

Thanks,

A Raja. Advocate..



Learning

 4 Replies

pratik (self working)     01 May 2011

Tajobsindia (Senior Partner )     01 May 2011

@ Author

I am sorry to say this, but assuming you are Advocate of petitioner side and has filed S. 125 CrPC it seems you have missed reading down entire S. 488 CrPC now called as S. 125 CrPC  to have asked this basic question !


S. 125 CrPC has two parts, one is interim maint. with litigation expenses and once your client is able to prove "ability to pay" and "neglect" the client is able to get maint. (in case wife) till she re-marries and in other cases (parents) till they are alive an further if on behalf of child the case is instituted till the child is legal major age and in either cases till there is any "change of circumstances" the maint. is met.


Garnishee attachment is possible only in case of "default" by "defendant" in instituted case when either interim or final maint. Order is defaulted. Let that stage come then it can be thought about, But yes it is possible to Execute such relief.

Regards.

 

1 Like

Arup (UNEMPLOYED)     01 May 2011

under section 125 CRPC, can we claim future maintenance?   ---   yes.

 

garnishee attachement?   ---   what is this?

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     01 May 2011

Garnishment is a judicial proceeding in which a creditor asks the court to order a third party who is indebted to the debtor to turn over to the creditor any of the debtor’s property held by that third party .

Garnishee attachement is attaching the money/property in the hands of garnishee.

Garnishee is an individual who holds the money/property that belongs to a debtor.

2 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register