Priya 23 August 2022

execution petition

I have filled execution petition on my husband for maintainance. but my karate didn't include the point to issue him an arrest warrant if failed to pay. can we ask like such orally in front of the judge,coz he is very stubborn and haven't paid a single penny even after the judgment couple of years ago.also what all necessary actions can be taken to get maintainance as I also have to take care of the minor girl child whose needs are also not met by her father

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5 Replies

Dr J C Vashista (Advocate) 23 August 2022

Your lawyer shall have to apply in writing (on an applicantion) and pray Executing Court for issuance of arrest warrant, which shall be considered after considering affidavit of non-availability of funds/ assets of judgment debtor.

Priya 25 August 2022

But unfortunately, she has already filed the petition and the dates are following up . My next date of hearing is in September.Will not be a time taking process if we file a new petition which involves (in writing) issuing an arrest warrant if not paid the maintenance?pls suggest which is the best and effective way

Dr J C Vashista (Advocate) 26 August 2022

It is job of a couple of hours to apply, if desired / required otherwise there are hundreds of pretexts to avoid.

However, it is the your work to be decided and performed yourself through lawyer, which we can hardly render any help.

Priya 26 August 2022

Hi sir,

Thank you for the response but I am sorry it may be conveyed in a rather different way . By the time I meant for the new petition to get numbered and get it heard. coz it took five months for me to get this file to be heard after getting it numbered. However, I shall get the petition done. Thanks for the reply.