About execution process
Kavita S
(Querist) 29 June 2019
This query is : Resolved
Hello,
I am a law student, today I have seen in the court that in Execution of crpc 125(3), when my senior put an application of NBW against NA for maintenance arrears. Then Judge ask him to put application of DW instead of NBW.
Can't we put direct NBW application for recovery because it would be very long procedure then. My senior said we can put direct NBW application but Judge refused to take NBW application on record.
Please let me know, what is the correct procedure then to recover maintenance, I am confused ?
Dr J C Vashista
(Expert) 30 June 2019
Maintenance awarded u/s 125 Cr PC shall be recovered by filing execution petition u/o XXI of the Code of Civil Procedure, 1908.
There is no provision for issuance of NBW against judgment debtor in an EP, it is civil proceeding.
Prima facie your senior is more confused than yourself.
P. Venu
(Expert) 04 July 2019
With due respect to Learned Expert Dr. JC Vashishta, the execution of order of maintenance under the provisions of CrPC 125 is governed by the provisions of sub-section (3) and not CPC Order XXI. As such, the Magistrate could have issued NBW; but this is a matter at the discretion of the Court.
