Writ petition
sachin sharma
(Querist) 10 April 2018
This query is : Resolved
Hi Respected Members, One of my client has been sent to jail in maintenance proceeding as due to paucity of fund he was not making payment towards maintenance in ex-parte under 125 crpc. Also, the Judge didn't follow the 125(3) provision and also refused to accept 127 application which we filed on ground that because in jail, hence no income in that period with Bombay HC judgement which he refused in a arbitrary manner. I have filed a writ petition in Delhi HC which is under objection that proper parties are not made. I chose only husband and wife as a party as this was my first writ petition in HC. If any respected member can please tell me what other parties should be included in this writ petition. I am asking for Habeas corpus and writ of certiorari.
Vijay Raj Mahajan
(Expert) 11 April 2018
Writ petition is supposed to be filled against the State or State is one of the respondent, you filled Writ against the wife hence objection is raised.
What sort of Writ filed where the dispute is with regards to order of maintenance u/s 125 Cr.P.C and if the husband is sent to jail for non-payment it's under the law he's sent there not any personal enemity with Family Court judge.
Dr J C Vashista
(Expert) 12 April 2018
I endorse expert advise of Mr. Vijay Kumar Mahajan.
Amend memo of parties to implead Govt of NCT of Delhi as party to writ.
Which writ did you seek and how it is maintainable against the order of Family Court sending your client to jail for non-payment of awarded amount?
You may discuss with some senior local lawyer. If you feel you may approach me at my email: majjagdish@yahoo.com (mobile 9891152939) for personal discussion.
sachin sharma
(Querist) 12 April 2018
Respected Members, Court need to follow the provisions of section 125(3) which says, "without sufficient cause". My client is a poor daily wage labour and he requested to pay INR 12000 which court refused to pay atleast half amount of total arrear. Also as per the judgement of SC in George Verghese, present position of JD need to be seen before sending him to the Jail. Also, Delhi High Court in Sanjay Bhardwaj clearly mention that court cannot ask husband to beg, steal but pay maintenance if he himself has no means. MY CONCERN only about parties, as the J/C of the petitioner is not by police or any Govt separtment, it is in the family dispute. So, if any respected member can clarify whether it is mandatory to make state party or without it writ can be maintainable.It is urgent as party is extremely poor and I m also presenting him without any fee.
