Sec.125(3) crpc

Querist : Anonymous (Querist) 09 July 2011 This query is : Resolved
Maintenance u/s 125(3). Husband deposited Rs. 30,000 against the order of Rs. 4,000/- pm. He then absconded without information to the court. His advocate says she doesn't have his whereabouts. Absonding since 3 years. FC dismissed the case for not providing the address and hence no warrant could be served.Is the FC correct in doing so?

Follow Query

Report Abuse

prabhakar singh (Expert) 09 July 2011
no ,the FC is incorrect in doing so.

Advocate Bhartesh goyal (Expert) 09 July 2011
No, Family court has passed wrong order.court should have issued the standing warrant against accused.

S. Bharath (Expert) 09 July 2011
I agree with Mr. Goyal.

Querist : Anonymous (Querist) 09 July 2011
Is there any provision under which advocate can give a protest application? The court said when the address of the opponent could not be provided for 3 long years, the case couldn't be kept pending. In this case the opponent/husband is declared wanted in other criminal cases. The applicant's advocate showed inability to supply the address and hence the case was dismissed.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now