Execution petition for maintenance order in dv act
Sahiba Khurana
(Querist) 01 September 2014
This query is : Resolved
Dear Experts
Once the MM has ordered maintenance in DV Act and husband had not paid anything since 3 months. Wife filed Execution Petition and after notice when the husband did not appear and his lawyer filed his exemption, the MM ordered Warrants of attachment.
What could husband do to put a stay on the order of execution?
V R SHROFF
(Expert) 01 September 2014
ACADEMIC QUERY BY STUDENT
Sahiba Khurana
(Querist) 01 September 2014
Dear Learned Experts
I request you not to consider this as an academic query as this is my own case in which after the maintenance order i have myself filed the execution petitions and in first date after the notice since my husband did not appear the Ld. MM was pleased to issue warrants of attachment. Though his appeal is pending in sessions court but no stay on operation of trial court order.
My query arise as i came to know that my husband has filed some application in the MM court against that order of warrants.
I want to know what could be that application all about and do i need to appear before the court w/o any notice. Can Ld. MM pass any ex parte orders against her previous orders?
Pls experts help me knowing the legal aspects and possibilities.
Devajyoti Barman
(Expert) 01 September 2014
Your query is purely speculative in nature.
First tell what is the petition in MM Court is all about and then only we can guide further.
Sahiba Khurana
(Querist) 01 September 2014
Barman Ji
With due respect, there is no speculation. Only a query to know the legal aspect.
I filed DV case and after around 15 months got maintenance orders for me and my son 18 months old. After that instead of paying maintenance my husband filed an appeal but no stay was granted to him. So i filed execution for recovery of maintenance amount. On the 1st date of EP Ld. MM issued notice to my husband and on the date fixed my husband dint appear and his counsel filed his exemption without any medical. Now i came to know that he filed one application against the order of warrants and it is listed for tom.
My query is what he could file in MM court and should i appear without the notice on first date. Can these warrants of attachment be cancelled or stayed in ex parte order?
Pls help me.
Devajyoti Barman
(Expert) 02 September 2014
In absence of stay by appeal court, your execution proceeding is unlikely to be stayed.
Rajendra K Goyal
(Expert) 02 September 2014
Court may not stay execution proceedings in absence of stay on it from competent court. Prey the Court to direct your husband first to pay arrears of maintenance.
ajay sethi
(Expert) 02 September 2014
no exparte orders would be passed . only after hearing parties would MM pass orders . you can take search in court records to find what application has been filed by your husband
malipeddi jaggarao
(Expert) 02 September 2014
You can attend tomorrow and your advocate can ask for a copy of the petition filed by your husband. Have you not entrusted the case to any advocate? Can't you ask this much to him/her?
Regarding stay on maintenance, experts have sufficiently advised.
Dr J C Vashista
(Expert) 03 September 2014
I agree with the expert advise of Mr. Malipeddi Jaggarao. Attend the proceedings and find out through your advocate, what your husband has prayed, you are entitled for a copy of anything filed. Your advocate should inspect the judicial file before attending proceeding.
Thereafter chalk out further course of action to be taken by you through your counsel.
Warrants of attachment, once issued shall not be stayed/ cancelled untill the EP is satisfied.
Be vigilant regarding further proceeding.
T. Kalaiselvan, Advocate
(Expert) 06 September 2014
the warrant issue will not be recalled by MM without having recorded the objections of the other side. In my opinion, he should have filed a petition to recall the warrant issued against him,you wait for the copies to be served to you seeking your objections if any and to record the same before the court.
Sudhir Kumar, Advocate
(Expert) 06 September 2014
repeated
http://www.lawyersclubindia.com/experts/Exclusion-of-Pvt-Ltd-Company-of-husband-from-Matrimonial-dispute-494581.asp#.VAp6_aOO5G0
