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Cr P C 125

Querist : Anonymous (Querist) 07 March 2011 This query is : Resolved 
Dear All,

Can any one explain the whole procedure (Steps) involved in the execution petition u/s 125 of Cr.P.C and Time it takes to receive the money?
Arvind Singh Chauhan (Expert) 07 March 2011
You have to file application under Sec 128 Cr.P.c. You can claim amount pending not more than of 12 months. court shall fix date for objection of opposite party and shall issue Notices. Then court will proceed ahead according to situations and facts as come before it. Court may issue recovery warrant if opposite party not appears before court on the date fixed. or may recover from his property through attachment. If no recovery is possible court may send him to jail for one month.
Advocate Sachdev Bishnoi (Expert) 08 March 2011
you can file an application 125(3) Cr.p.c. for claiming the pending amount of maintenance and the same you will recieve when the summons will be served to the defendant and the same will be paid to you when the money is deposited in the court. if the money is not deposited in the time period provided by the court then attachment orders of property will be issued and property or the salary of the defendant will be attached and if at that stage not paying the amount the same will be delivered to you.


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