Exectution of recovery warrent
anki
(Querist) 09 July 2013
This query is : Resolved
Res Sirs,
my query is may i execute Recovery warrent against my ex husband.
1. I have filed DV case & Manintance application against my husband & others on 25/06/2012.
3. Notice was serve on him on same day i.e 25/06/2013.
4. my husband present on every date but he had not filed his reply yet.
5. Meanwhile on 18/01/2013 in Family court grants me maintance foe me 7000/- per month from the date 18/03/2011.
6. on 18/02/2013 i filed wreeten argument in that argument i mentioned that Family court has pass maintaince order for me.On same day that is 18/02/2013 In DV matter court pass maintance order of Rs. 15000 per month & for alternate accomdation for me.
7. I have not supresed any fact from both the court.
8. On 24/04/2013 I have filed recovery application in court which is duly served on Respondent. Honrable court give him time to pay arrears til 25/06/2013.
9.On 25/06/2013 Honrable court pass an recovery warrent against Respondents.& next date is 13/08/2013
10. I submitts the order copy to consern police station. the IO gives us various resons for not executing Recovery warrent
11. Mean while my husband make an application for cancellation of Recovery warrent and notice was serve to me through police that i have to file reply on the
appliction on 13/08/2013.
12. on 6/07/2013 my husband make second applicaton for Stay on Recovery application and notice was serve to me through police that i have to file reply on the
appliction on 13/08/2013.
13 senior police officer told to IO that as court had not pass stay order & not passed any intrim order about stay of recovery warrent so we can execute recovery warrent. But still IO is not execute Recovery warrent and giving excuse for same.
NOW i want to know in this situation can IO execute the Recovery warrent or not
ajay sethi
(Expert) 09 July 2013
recovery warrant can be executed as no stay has been granted by the court
R.K Nanda
(Expert) 09 July 2013
yes, IO can execute RW.
Rajendra K Goyal
(Expert) 09 July 2013
Agree with the experts, nothing more to add.
Raj Kumar Makkad
(Expert) 10 July 2013
As there is no stay order in execution so there is no hurdle to get issued recovery warrant in the given facts.
