habius carpus petition

This query is : Resolved 

17 June 2010

I had filed crpc.125 against my husband. He did not attend hearing for few months. Exparte order passed and warrant also issued. It seemed that he had absconded.

I filed habius carpus petition. Court ordered to find my husband, but it is almost 6 months have gone. Police did not bring him to court.

Could you please suggest me what I should do to bring him in front of court/judge. Please help me. Thanks in advance.

adv. rajeev ( rajoo ) (Expert)
18 June 2010

dont try to find your absconded husband, simply you are wasting the time.
If your husband has got any property inherited from his ancestors and if you have any kid file a suit for partition and take your share also.
Or if he has got any immovable property get attache it.

Srinath Kondapally (Expert)
18 June 2010

swetha, If any property stands on his name it is better to claim your share apart from that, and in such a case better to get divorce from him, as you are wasting much time insearching him, if any further assistance may contact me through mail..skondapally666@gmail.com

Legal Fighter (Expert)
18 June 2010

what exactly you want? your husband or maintenance? as you have got the ex-parte order and you can execute that order, there is no point in bringing your husband to court. Move ahead in your life.

Unbiased Advice (Expert)
18 June 2010

I Want know the Following Details Before answering your Query.

1.When (Date) did you File the Cr.P.C 125 Case?

2.What(Quantum) is the monthly maintenance amount you requested(Prayed in the Petition) for?

3.When (Date) did the Ex-Parte Decree was pronounced and What relief was granted to you in terms of maintenance(amount)?

4.When (Date) did the Court Issued Arrest Warrant and Why?

5.When (Date) did you filed habius carpus petition?

Provide me all these details I will give you excellent Solution to your Problem.

18 June 2010

Rajoo is right

18 June 2010

Since you filed 125 Cr.P.C only for maintenance. Hence you attach his immovable properties and sell it

Unbiased Advice (Expert)
18 June 2010

I have my own doubts about if immovable properties can be attached u/s125 CrPC as a part of execution, I would request my Learned friends to correct me if i am wrong with some citations.

"If any Person so ordered fails without sufficient cause to company with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's 4[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due"

swetha (Querist)
22 June 2010

Thank you all for your kind reply.

I filed crpc.125 in july 2009. he did not attend even a single hearing. In oct 2009 exparte order passed. I filed habius carpus petition in Feb 2010 and cheked his property status by obtaining encumberance certificate. It seems that he has sold out a flat 3 months back. It was the only property he had. He bought it 5 years back.

Is there any way to get that flat attached? or I can own it?

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