Maintainance case
deepa
(Querist) 20 February 2015
This query is : Resolved
Sir,
Any body please reply to my query. I have filed maintainance case against my husband who is into another affair, on 12-8-2013. I have been awarded interim maintainance of 8000rupees per month on 19-6-2014, he has not paid one rupee till now. We have filed 128crpc petition and twice he was given summons but neither he is arrested nor paid money, he is balance rs.1,50,000 till date. FLW was dispatched on 18-2-2015.
But no action yet, he is simply bluffing of filing writ petition in high court for appeal on IA. But that case also is still pending in court for admission though filed on 27-11-2014.
Sir I have a 6 year old girl baby and unemployed I hope u can understand my current situation. I am staying in hostel and unable to pay fees. Please answer my query
1. After dispatch of FLW how long will it take to get him arrested, we are at Bangalore and he is in Kolar, Karnataka.
2. Why is his WP pending in high court still.
3. Will property in my mother in laws name be attached for this case since it is her own acquired.
Sir I am not for money please help me out. I have to take care of my daughter's well being and education I am depressed will I be able to get him punished.
Deepa
Devajyoti Barman
(Expert) 21 February 2015
1. I am not sure why warrant of arrest is not issued. Since HC has not passed any stay order, the lower court should issue w/a. Insist the court to do so or mention on this in HC.
2. It takes time in HC.
3. nO, HER PROPERTY CAN NOT BE ATTACHED BUT W/A can be issued against your husband's name.
Guest
(Expert) 21 February 2015
Rightly advised by Shri Devajyoti Barman.
ajay sethi
(Expert) 21 February 2015
agree with Mr barman
deepa
(Querist) 21 February 2015
Sir thanks for the advice actually FLW was issued on 12-2-2015 and we came to know orders for warrant dispatched on 18-2-2015, but still we have not come to know if he is arrested or not, meanwhile I wanted to know if he is arrested will he pay any amount immediately I have to pay my daughters fees. But case is posted long date in April. Will he pay only on that dateor before
T. Kalaiselvan, Advocate
(Expert) 22 February 2015
Since the warrant has been dispatched on 18.2.2015 only, you may wait for the result or confirmation by the police till next week.
deepa
(Querist) 10 March 2015
Who is an ameena what is his job
