Crpc 125
PRASAD CHAVHAN
(Querist) 21 May 2014
This query is : Resolved
SIR, MY WIFE MAKE A CASE US 125 COURT GIVE THE FINAL ORDER TO GIVE 4000 PM FOR MY DAUGHTER AND WIFE, ONE DAUGHTER IS WITH ME. I HAVE NO MONEY TO PAY MAINTAINCE BECAUSE I AM DOING ONLY COMPUTER REPAIRING WORK PRIVATELY. AFTER WHEN THE ORDER GIVEN I AM NOT PRESENT IN COURT BECAUSE I HAVE NO IDEA FOR DATES IN COURT SHE WANT DIVORCE FROM ME SHE DEMANDED 2,25000/- BUT REALLY I HAVE NO MONEY SO I ABSENT IN COURT. COURT GIVE THER ORDER IN ABSENCE OF ME. LAST MONTH I PAY 10,000/- BUT IN THIS MONTH I HAVE NO MONEY BECAUSE I PAID THE FEES OF MY DAUGHTER, I GIVE THE APPLICATION AND TOLD THE JUDGE THAT ON NEXT DATE I WILL PAY SOME MONEY AS POSSIBLE AS I CAN.
BUT COURT ISSUED WARRENT OF MY NAME. IS THIS POSSIBLE THAT I AM PRESENT IN COURT AND GIVE THE APPLICATION ,
HOW THE COURT ISSUED WARRENT IF I AM PRESENT ON DATE.
adv. rajeev ( rajoo )
(Expert) 21 May 2014
Court cannot issue warrant, it could have been issued FLW ( fine leavey warrant). On the next date you can pay arrears.
ajay sethi
(Expert) 21 May 2014
you have not complied with court orders for payment of maintenance . only part payments made towards arrears of maintenance . hence court may have issued warrant . make payment on next date
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 May 2014
You are not a salaried person so your income is irregular.
You should immediately submit application for revision of the order u/s 127 IN THE SAME COURT that now you do not have sufficient income to pay the maintenance and at the same time apply for cancellation of warrant till this application is decided.
Go in revision if the court rejects your application since you can not be compelled to beg and borrow to pay maintenance.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 21 May 2014
A Delhi High court Judgment has come though in DV case and same will be result if cases are taken up right earnestly from trial court upwards.
Imp portion-
THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: 27 th August, 2010
No law provides that a husband has to
maintain a wife, living separately from him, irrespective of the
fact whether he earns or not. Court cannot tell the husband
that he should beg, borrow or steal but give maintenance to
the wife,
Devajyoti Barman
(Expert) 21 May 2014
Make some payment in court on the s=date fixed and asked for more time.
Since order is there, you have to pay it unless you file Revision in higher court for modification or alternation of the same.
Rajendra K Goyal
(Expert) 21 May 2014
Agree with the expert Devajyoti Barman ji.
Raj Kumar Makkad
(Expert) 21 May 2014
Until and unless you get stay order from the higher court, you shall have to comply with the direction of the lower/trial court.
T. Kalaiselvan, Advocate
(Expert) 23 May 2014
Agreed with the experts, you may file a stay petition with the high court on the basis of the facts you have expressed here.
