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Mra Avoid Marriage (Un-employed)     30 September 2011

Crpc 125 maint


            As per allahabad high court order maint is due on Aug 8 2011 lawyer file a correction application against order dated oct 08, 2011 it was decided by same bench of high court on Aug 17, 2011 with no correction. lawyer challenge this order in supreme court. it will be hear @ oct 17, 2011 

will the family court issue arrest warrant against me before oct 17, 2011 if yes then what should i do 


 2 Replies

Nadeem Qureshi (Advocate/     01 October 2011

Dear Vikash

If any Person so ordered fails without sufficient cause to company with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's 4[ allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:


Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the court to levy such amount within a period of one year from the dare on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Pranav S. Thakkar (advocate)     01 October 2011

The magistrate may issue warrent on each failure to make payment. So if payment of allowance to wife is unpaid, and if it is proved ur failure in payment.. the warrent for arrest may be issued. Otherwise if another circumastances there and you have completed payment of last order of magistrate you may not worry about.

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