Jitzz (Shop) 24 December 2023

Distress warrant on my sister case

Hello Everyone,

Please help on below ask.

My sister case is running in Ranchi since June 2018 and we have filed multiple cases against her husband. Like Maintenance and 498A etc.

Her husband stays in West Bengal.

In September 2019 court given the order of maintenance amount 20k per month. but he has not given yet a single rupee. Ranchi court has issues multiple times distress warrant to recover the amount but there is no progress to it. What Ranchi family court is saying that is amount is not recoverable then distress warrant has the authority to arrest her husband and bring to the court. but what West Bengal police is saying that to arrest her husband they need a separate arrest warrant, with distress warrant it is not possible. Now Ranchi court is saying that they cannot issue a arrest warrant simple because distress warrant has the authority. with this deadlock situation nothing has been progressing and it is stuck at this point and nothing is progressing. Can someone please help here and guide us what to do next. I am not sure what our lawyer is doing.

Parallelly the 498A case is also running and no much progress there as well.

Now the situation is with above time frame her husband has done 2nd marriage with her own shop servant and they have a kid also of 2 years and we are just running into court only for justice and jumbling around the laws.

Can someone please help us or guide us what we can do to move the case faster.

Thanks and Regards

Reply Follow

1 Replies

T. Kalaiselvan, Advocate (Advocate) 25 December 2023

In the process of Distress warrant the court authorizes and allows the Authorities to seize the property or belongings wherein he have failed to pay the interim maintenance.

Distress warrant for realisation of maintenance amount to be issued only when the defaulter has failed to comply to the order without sufficient cause.

If a separate warrant for arrest is required then you can approach the concerned court to issue a warrant for arrest.

The procedure for issue of warrant is:

(1) Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding officer of such Court and shall bear the seal of the Court.

(2) Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed