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VictimOfBiasLaw (Professional)     07 April 2019

crpc 125 recovery

1. high court pass CRPC 125 maintenance 3 years back. it was ex-party , I or my lawyer never appear in high court or lower court.

2. DV case u/s 18 judgement announced last year where husband is not guilty , all allegations are dismissed.
However judge approve maintenance amount same as High court CRPC 125 order.

In DV case my lawyer appear on my behalf.

3. I am not in India. the day case filed from that day I am out of India. CRPC 125 order address is also overseas address.
But I have already left that job and now in different country.

4. My Questions:

1. For CRPC 125 recovery what If summons not received at my address as I m not working there.
Will court proceed ex-party and issues any warrant if my wife ask for ? any lookout notice ? so that when I come to India at airport they can arrest ?
please note , I don't have any property or bank balance in India.


 5 Replies

Vijay Raj Mahajan (Advocate)     07 April 2019

Look out circular is issued by court only in criminal complaint case not section 125 CrPC maintenance case for recovery of arrears from the respondent. The court can send notice for the recovery of the amount of maintenance to your Indian address as well Foreign

Vijay Raj Mahajan (Advocate)     07 April 2019

The court can order for attachment of the Indian property or bank account in Indian bank for recovery of the due amount. The court can order for arrest if you're in India but cannot get you deported to India from foreign country for the recovery process of maintenance amount. As no criminal proceedings pending against you in any court the LOC cannot be issued.

VictimOfBiasLaw (Professional)     07 April 2019

if in-laws know that I can come by air , can they ask court to issue arrest warrant at airport ( in CRPC 125 recovery ) ?

VictimOfBiasLaw (Professional)     08 April 2019

it means airport authority will not stop based on my passport right ??

VictimOfBiasLaw (Professional)     08 April 2019

thanks a lot ... perfect that's what I wanted to know.

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