125

rajvinder singh (Querist) 19 October 2012 This query is : Resolved
when husband has no property in his name;then whether the wife can move application under 125(3) for issuing of conditional warrants of arrest of husband if he refuses to give payment,by filing the affidavit that the husband has no property and thus warrants under section 123(3) read with 421 crcp for attachment will be useless and waste of time.

so directly warranst of arrest may kindly be issued.

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Devajyoti Barman (Expert) 19 October 2012
Yes, it can be tried but the court as a measure of abundant caution first issue distress warrant and then issue w/a.