Sec.125(3) crpc

This query is : Resolved 
 


Querist : Anonymous (Querist)
09 July 2011

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?


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.



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