Ashutosh 11 March 2016

125 maintainance recovery

Under maintainace recovery of crpc 125 case filed by my wife ,JMFC had issued distress warrant against me,what should i do and how to handle it??,
Pl. note 1] i already filed revision and stay application infront of sessions court, is pending for order.
2] i hv filled one installamnet of maintaince amount in court, imediatley on next date of warrant issued.

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3 Replies

Prashanth G (Software Engineer) 11 March 2016

Please let me know about your case in details (dates like when that DV case has been filed on you ),when the first maintanance order passed ? which court ,

By the way you can ask you lawyer to recall the warrant ,surely judge will recall the warrant if you pay some money .

Cheers ,No tentions ,

Prashanth

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ROHIT SHARMA (Legal Advisor ) 11 March 2016

1. Apppear before the court and have such warrant cancelled.

2. Since you have filed an appeal before the sessions court you need to deposit 50 % of the outstanding dues with the trial court and rest only after the final disposal of your appeal if ordered to do so.

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Ashutosh 12 March 2016

@ Prashant ji and @ Rohit ji thanks for your reply ,but

i had discussion with lawyer ,

we gone in court and held the case on the very next day by making application,as judge(JMFC) ordered warrant. After paying money on same date, asked judge to stay the warrant , he refused to do so and asked us for, "provision in law" to do so.and hence refused.