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Sec.125(3) crpc (Family Law)

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Author : Anonymous

Posted On 09 July 2011 at 14:28

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?




Expert : prabhakar singh

Posted On 09 July 2011 at 14:53

no ,the FC is incorrect in doing so.



Expert : Advocate Bhartesh goyal

Posted On 09 July 2011 at 16:28

No, Family court has passed wrong order.court should have issued the standing warrant against accused.



Expert : S. Bharath

Posted On 09 July 2011 at 18:30

I agree with Mr. Goyal.



Author : Anonymous

Posted On 09 July 2011 at 23:04

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.


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