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Victimof498a (Learner)     19 February 2016

Arrest period in crpc 125

Dear Friends

I have fought my 498a for 4 years and got acquitted twice. Now iam facing Crpc 125 wherein i have clearly given in writing in the court that i will take her home  without any condition. Inspite of that judge has given order to pay maintennace of 15 k per month(never started family live so no issues for us). Shes well educated B.com,llb,icwai and has worked in the past.

i have not paid the maintenance and now arrest warrant has been issued which i have not received yet.

Do please let me know whether

1. i can directly go and surrender in the court?

2.if i get arrested, then what is the period i need to spend in jail?

3.once i spend the period x days in the jail, will the entire amount will be nullified till date??

4.Again what will be the time gap for the opponents to file this crpc case afresh?

Regards

Victimof498



Learning

 10 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     19 February 2016

For every default that you make wrt payment of maintenance , the court issues a fresh warrant of arrest . Considering the fact that the amount to be paid is rs 15k the imprisonemnt shall be six months . However you may once again be arrested

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     19 February 2016

Im sorry I meant to write one month and not 6 months

Victimof498a (Learner)     20 February 2016

Renuka madam. They have reached my work place with arrest warrant and on that day luckily i was not in office. My office ppl have scanned the arrest warrant and sent to me and told me to settle my personal matters, inspite of giving in writing that i am ready to take her now this is the amoutn it has been awarded since 2009. if i have to that hefty amoutn then its next to impossible for me, when contacted for final settlement they are asking exorbant price of 50 lakhs.

Whats the better option to get rid of this crpc 125 case,

kumar B Kumar (service)     20 February 2016

Aacha sa lawyer pakro or divoce case file karo. Dar Q rahe ho. Kuch nahi hone ka bindas raho. 15 k biwi ko dene se aacha hai lawyer ko do. Or agar jail b jate ho to kya hua. Bhagat singh b jail gaye the, gandhi , nehru sab gaye the. Kuch nahi hota waha b,

Victimof498a (Learner)     20 February 2016

Thanks a lot Mr.Augustine and Renuka mam for the detailed reply.

I am fighting the legal cases since 2007 and i dont want to accept these biased laws and i was ready for settlement of 3-4 lakhs which judge himself has told orally. But they didnt agree for that. We have never lived as husband and wife for a day nor a night. The marriage was short lived for a period of seven months and in those 7 months also she used to stay at her mothers place.

Ppl like you give me support to fight these biased cases. Thanks for the replies.

Will try to see if it get resolved by 4-5 Lakhs or will go to jail and finish this drama baaji from their end.

 

 

I.S.Roy,Advocate (Advocate)     20 February 2016

Dear Sir

      I am sorry that I never had gone through in detail the above experts advises but one thing I can advise you recovery of maintenance is as like recovery of fine so no warrant of arrest or detention of husband to be orders held 1991 CrLJ 1843

with regards

I S Roy, Advocate

Victimof498a (Learner)     22 February 2016

Renuka madam,

the judgement of paying 15K per month since 2009 has happened on 5th feb 2015. If the amount is due for more than a year, will there be any issues.please suggest me on this.

suffering (jj)     21 April 2016

Dear Sir,

  I have also been victim of 498a and 125 CRPC. I am aquitted from 498a 2 years back. I have been paying interim maintenance of 12K + bearing all other edcuational expendititures toward my son since last 7 years. Recently under section 91 crpc my wife asked for my salary documents and form 16 and court is too much biased. It accepted it and passed the order to furnish my salary slips. I am earning quite high salary compare to her, so I am in stress and fear that court can increase her monthly maintetance ignoring that she files 498a and volunteerly left my house. She submitted her form 16 of year 2011 where she was earning 22500 Rs per month. Now she may be earning 35000 Rs per month.

  still Court is ignoring everything. So kindly advise me can I go to high court to challange section 91 crpc order? In worst case I am ready to quit the job, in that case will her maintenance stop?  I am also ready to face the arrest as would like to stop her maintenance if court is too much biased. So kindly guide me.

Regards

mani


(Guest)
Originally posted by : suffering
Dear Sir,

  I have also been victim of 498a and 125 CRPC. I am aquitted from 498a 2 years back. I have been paying interim maintenance of 12K + bearing all other edcuational expendititures toward my son since last 7 years. Recently under section 91 crpc my wife asked for my salary documents and form 16 and court is too much biased. It accepted it and passed the order to furnish my salary slips. I am earning quite high salary compare to her, so I am in stress and fear that court can increase her monthly maintetance ignoring that she files 498a and volunteerly left my house. She submitted her form 16 of year 2011 where she was earning 22500 Rs per month. Now she may be earning 35000 Rs per month.

  still Court is ignoring everything. So kindly advise me can I go to high court to challange section 91 crpc order? In worst case I am ready to quit the job, in that case will her maintenance stop?  I am also ready to face the arrest as would like to stop her maintenance if court is too much biased. So kindly guide me.

Regards

mani

You give proof of her salary to court, if the trial court is not taking notice of it, you can write a complaint to District Judge stating the same. You can also move HC for the same, leaving job or getting arrested is not going to solve the problem.

Kiran   07 June 2018

Sir I.,S Roy, is that true?People are saying differnt things about this. Some say defaulter in paying maintainance can be arrested some say can not arrest but what the funda? If the person is arrested how the court expect he can pay the amount?Please clarify.


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