Execution Petition of Cr.P.C 125

Querist : Anonymous (Querist) 03 July 2010 This query is : Resolved
Que. Does Execution Petition U/S Cr.P.C 125 also proceeds like any other Petition like sending summons to husband and then husband comes for hearing and case goes on few hearings and finally Order is passed or the process is immediate in the first hearing itself?

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Arvind Singh Chauhan (Expert) 03 July 2010
It is not so. application is filed for recovery of amount. Notice is issued. If after receiving notice husband pleads he has paid the sum, he has to prove the same, otherwise he will have to pay the amount. If he remains unable to pay, recovery warrant, attachment or imprisonment are other modes.

adv. rajeev ( rajoo ) (Expert) 04 July 2010
There is no question of evidence or anything in execution petition u/s 125 of cr.p.c.

Uma parameswaran (Expert) 04 July 2010
It is only for executing the order.

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