Maintainence awarded, arrest warrent issued but still no further action taken
Bhagyashree
(Querist) 06 January 2014
This query is : Resolved
I had file for interim maintenece for me and my minor child in march 2011. maintenance awarded in march 2012 from the date of y application. my husband then went to high court to reduce maintenance for me but had didnot oppsoe paying for the child. he has not taken a stay order from high court. matter pending in high court. Meanwhile my lawyer went in for execution petition for which there was no reply from the other side. The judge then issued a arest warrant in first week of nov2013. our next date was 5 dec2013. The judge has got transferred and the bench is vacant till date. The arrest notice is in awaiting. The clerk gave a date of 7 march 2014. for evedence he gave a date of jan 2014. The cases have been tranferred to other bench as the bench of family court is vacant. there we tried putting an application for reissue and take a closer date, but the other judge refused.
My query 1) in general how long does an arrest notice take to be executed and there after what is the procedure 2) what else can be done to speed up the process. 3) by march 2014 he has to pay a maintenance for 2 years. can the corut give him relief? if yes in what way
ajay sethi
(Expert) 06 January 2014
your husband is bound to comply with court orders for payment of interim maintenance .since appeal is filed in HC on next date of hearing draw attention of court to fact that maintenance not paid for period of 2 years .
as far as your matter before trial court is concerned wherein arrest warrant is issued in Nov 2013 have you sought to execute the warrant before 5th december 2013 . in any case since other judge has refused to reissue of warrant you will have to wait for next date of hearing in march 2014
Rajendra K Goyal
(Expert) 06 January 2014
Agree with the expert. 1) Depends upon the circumstances and various factors. 2) Take up through your lawyer. 3) He has to pay the balance draw the attention of the court.
Guest
(Expert) 06 January 2014
The Civil Arrests will not be so fast.
Devajyoti Barman
(Expert) 06 January 2014
Have patience. Since warrant is issued he would be arrested soon. You can follow up with the local PS.
Ms.Usha Kapoor
(Expert) 29 June 2018
I Agree with experts.
Trouble Logging in? Try following the given steps -
1. Visit your inbox to find a confirmation mail from LAWyersClubIndia.
2. Click on the confirmation link and confirm your signup