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maintenance

(Querist) 21 March 2009 This query is : Resolved 
The petitioner wife and her daughter had filed a suit for maintenance from the husband under 125 of Crpc before Family Court, Bangalore. The marriage was solemenised under Hindu Customary rites at Bangalore. The Husband is employed at Australia and nelgected to maintain his wife and daughter. Wife requires maintenance for herself as she is not qualified and now aged 40 years and duaghter is studying and 17 years. The respondent husband remained absent and was placed ex-parte.The Family Court awarded them a sum of Rs.10,000/p.m. in the year 2005.
The respondent/husband is living at Australia is aware of the fact still has not paid a single pie as per the Court Order.
At present petitioner wife has filed a recovery proceeding under 125[3] of Crpc. The respondent husband has unclaimed the Court summons. Warrant has been issued by the Court.
I want to know how the Warrant is executed?
Neeraj Arora (9897136755) (Expert) 21 March 2009
Dear,
You shuld have to Request to the court for executing the warrant through embassy of Australia.
PALNITKAR V.V. (Expert) 22 March 2009
There are international treaties governing such aspects. If there is mutual arrangment about execution of summons and warrant between Australia and India, then the Australian authorities can execute warrant and summons also.
Kiran Kumar (Expert) 22 March 2009
Mr. Arora has given the perfect reply....make an application before the court through ur counsel.
SANJAY DIXIT (Expert) 22 March 2009
Yes, you may make an effort for the execution of warrant through the embassy.
B.B.R.Goud. (Expert) 22 March 2009
yes, you can initiate and institute the proceedings, by courts here & there, through the Embassy
Shashikant V. Patil (Expert) 23 March 2009
I too agree with the aforesaid views.
RAKHI BUDHIRAJA ADVOCATE (Expert) 23 March 2009
u can initiate the proceedings through embassay.
A. A. JOSE (Expert) 23 March 2009
You may involve the embassies both the countries to get the summons served and also for initiating further proceedings againist the husband .
Hiralal Das (Expert) 05 April 2009
I agree.


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