How 2 recover balance of maintenance of 2years
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 18 October 2013
This query is : Resolved
I have filed apllication u/s 125 of Cr.p.c and d same was allowed n husband was directed 2 pay Rs.3000 as montly maintenance since 2011, n I m leaveing with my parents only, as the husband failed to pay the outsnading maintenance for 2years I moved an application for recovery of Rs.72000/-, however my husband continuously remained absconded since d date of Order from d earlier place of residence, so summons returned unserved, so distress warrant wasbeen issued, again pproclamation was made, however, till today he remained absoconded. So hw should I recover this amount, my husbands parents are also refusing to maintain me n they hold several properties on their name, n there exists no property stands in d name of my husband. So its a question of my survival ship, what should I do more, m helpless today, I want 2 penalised him anyhow, however court is directing me to trace out him and his address, I tried severely but could not traced out him. Help me in this regard
Advocate M.Bhadra
(Expert) 18 October 2013
In maintenance proceeding court can be executed according to the provisions of the law under which it has been ordered.
What seems in this case a Magistrate has ordered for Monthly Maintenance under section 125 of the Criminal Procedure Code, which is not being paid by the husband & he is absconding.
Execution of maintenance order under this section is possible only on an application of the wife for recovery of the due amount from the husband when the court will issue arrest warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be, remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made.
There is also of provision of Cr.P.C. under section 82 and 83 for proclamation of attachment of property.
But there is no specific provision of execution of the maintenance order by attachment of his property which is the case if the maintenance order is made by the competent court under the Hindu Marriage Act,1955 or the Hindu Adoptions and Maintenance Act, 1956, etc, the civil enactments & proceedings under these Acts according to the Civil Procedure Code where such provision as to attachment of property of the Judgement debtor & public auction for the recovery of the debts is provided under Order XXI Rule 11(2) of the Civil Procedure Code.
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 19 October 2013
Sir, u might not have read with my each n every contentions, I have already complied with all the due procedures, even arrest/distresz warrant is been issued and proclamation is been made by court, however till today he remained absconded and even with due effect of search by me and even by the concern police station he is not traceable, and he holds no properties in his name, however his parents do have properties in their name, so in this case now how should I can recover my due maintenance and he will be penalised
Dr J C Vashista
(Expert) 19 October 2013
I agree with Mr. Bhadra.
Get the JD be declare PO and wait for his arrest.
Nadeem Qureshi
(Expert) 19 October 2013
Dear Querist
you have to wait till his arrest because there is no other option you have to recover the maintenance.
Feel Free to Call
prabhakar singh
(Expert) 19 October 2013
The author is right in her submission that her query has not been read by us properly.
She has stated facts very lucidly and advices advanced to her,but for Mr.Nadeem, are inappropriate to coup with distress she is facing in her circumstances.
She has very clearly stated that there is no property in her husbands name then we should not advice her to move for attachment even if we do not know about jurisdictional limits of execution under s.125 Cr.P.C. order.
Her order is under s.125 Cr.P.C. then why to tell her about civil law proceedings.
She has already stated proclamation was issued then it would not be called advice to ask her to move for proclamation.
Dear Author! in situation life has placed before you whatever court has done so far is correct and lawful and unless you succeed in laying hands on his collar nothing more is possible.
DHIRAJ CHANDRAKANT KUMBHAR
(Querist) 19 October 2013
Thanks Sir, if in futurd u seems any hint then just let me know in this regards
Rajendra K Goyal
(Expert) 23 October 2013
Agree with the expert prabhakar singh ji, nothing more to add.
Sarvesh Kumar Sharma Advocate
(Expert) 19 October 2013
