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Arvind Singh Chauhan
(Querist) 30 June 2014
This query is : Resolved
Sir please guide on my query posted earlier-
http://www.lawyersclubindia.com/forum/details.asp?mod_id=102692&offset=1#.U7DAHnb0PMw
ajay sethi
(Expert) 30 June 2014
post your query afresh
Arvind Singh Chauhan
(Querist) 30 June 2014
Sir for the recovery of maintenance amount. After filing the application for recovery what steps should be taken ?
Notice to O.P? or Form No. 19 of Cr.Pc is for the attachment of property ? If O.P has no property waht is the solution ?
I could not found format or procedure in Cr.P.C ?
FORM no. 18 is warrant which is addressed to officer in charge of jail. It will apply only after arresting of O.P.
Whether court can issue NBW ?
Sir realisation is filed under 125 ( 3 ) & 128 Crpc. O.p has no property.
According to Cr p c what step should be taken considering my query.
arvind
Sir OP is avoiding the notices. Now in which section warrant for arrest can be issued ? He has no property. Magistrate is asking to show the correct procedure as. there is no provision of NBW. Please provide citation or law in this regard that NBW can be issued to OP, if no recovery is possible from property or he has no property. He is getting pension. But law is lame on this side.
Raj Kumar Makkad
(Expert) 01 July 2014
MUMBAI: In what comes as a relief to a man who had defaulted on payment of maintenance to his estranged wife, the Bombay high court quashed a non-bailable warrant issued against him by a magistrate. The HC said such warrants were unsustainable in law without resorting to other remedies to recover the amount.
Justice M L Tahaliyani recently held that the magistrate was to first issue a warrant to recover the amount by attaching any movable property of the man and selling it. Had the money been recovered that way, the question of putting the defaulter in prison did not arise, the court said.
A 36-year-old businessman from Gondia had moved the Nagpur bench of the HC to challenge the non-bailable warrant, under which he could be arrested. Saying the wife could not be left "high and dry", the magistrate issued the NBW for non compliance of an interim maintenance order in a plea by the wife under Protection of Women from Domestic Violence Act.
Arvind Singh Chauhan
(Querist) 04 July 2014
Thanks Sir it means in my case warrant can be issued as he has no property. He has pension account whether it can be attached and recovery is possible from this account ? Please refer citation if any I have to satisfy the court..
Raj Kumar Makkad
(Expert) 04 July 2014
Pension Account can definitely be attached to satisfy the decree for recovery if there is no other source of income but it can not be more than 1/3 amount of monthly pension.
Arvind Singh Chauhan
(Querist) 05 July 2014
Raj sir thanks a lot for your kind help, please refer the citation or relevant law to satisfy the court.
