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deep (deep)     01 September 2015

Execution u/s 125(3) or 128

Under which section, 125 maintenance execution is to be filed ? 125(3) or 128 Pls guide What is difference between 125(3) and 128 One imp thing I would request to guide me One year is calculated from maintenance due or from order passed? What if order passed after 7 months ? Order was passed in oct 2014 Maintenance due from  april 2014 I want to file executtion u/s 125(3)  Pls guide  I have gathered info from internet but still this sections not clear



 18 Replies

deep (deep)     01 September 2015

Kindly advise

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 September 2015

Please see the attached book for complete knowledge on CrPC (Code of Criminal Procedure).

 

Execution is 125 CrPC subsection 3 [125(3)].

 

128 CrPC is about free order copy service to whom the allowance is to be paid.

 

Please read each of my posts carefully in the following links for sample petitions and other necessary clues.

 

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

 

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

 

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-amp-perjury--124819.asp#.VbzWibOqqkp

 

https://www.lawyersclubindia.com/forum/Why-speedy-trial-and-perjury--124820.asp#.VbzWx7Oqqko

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 September 2015

Please see the attached file for CrPC.


Attached File : 238522 20150901144606 556557884 crpc.pdf downloaded: 355 times

deep (deep)     01 September 2015

But someone today suggested to file.execution u/s 51 CPC Pls guide what should I do.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     01 September 2015

Maintenance executions are filed u/s 125(3) only.

deep (deep)     01 September 2015

Adv wants to file executution of interrim maintenance of interrim 125, under section 51 cpc, that too thru cjm, shouldnt it b filed in same court u/s 125(3)

Pls guide 

Respondent has no property for attachment, how  which section should  it b filed

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 September 2015

deep (deep)     02 September 2015

But arrest warrants, can those be issued in 125(3)crpc or 128crpc or cpc51..

prabhakar advocate (advocate)     02 September 2015

You have to file execution petition u/s. 125 (3) of cr.p.c.  before the same magistrate who passed maintenance orders.  You can claim maintenance as specified in the order, i.e., if the judge passed maintenance from the date of maintenance application, from that date or if the order says that wife is entitled from the date of order, from that date.  Once you file execution petition, the husband appears and if he does not pay, the court will attach his property and if he does not have property, then issue warrant of attachement of his salary, if he is a working person and if that also not possible, as a last resort issue warrant of arrest.  All these things happen under section 125 (3) only.  Execution proceedings are simple and once you see how the advocate is filing this, you can learn it and next time onwards, you can yourself file execution petitions at regular intervals to get your maintenance without advocate's assitance. 

Prabhakar - Advocate

(M)9958670740

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 September 2015

You are boy or girl? 

 

deep (deep)     02 September 2015

Rocky sir I m girl Prabhakar sir, can u pls help me with a sample petition 125(3) I hv to file by Saturday I don't understand y my adv not agree to file 125(3) She insisting to file 51 CPC, n that too not in same court directly, rather in CJM court Can the execution u/s 125(3) be filed in same court any date or only on date when case is listed there. I m asking because the next date in same court is in october whereas one year limit will be over in september.

In any case if the execution is filedin october, will maintenance amount become null

Is execution application filed in same court without any section valid, or not.

There is nothing written in it except request for payment. No attachment, no arrest..

 

deep (deep)     03 September 2015

Kindly advise experts..

prabhakar advocate (advocate)     04 September 2015

I am attaching the execution application.  There is no need to mention Sections in the title.  You fill up the right side columns by typing and attach certified copy of the order and and affixing about Rs.1.25 court fee, you have to submit it in the court, where order is passed.  You can file it at any day and need not be on the day when the case is listed. This case runs separately from main case and if the judge wants he will give the same date for this case also.  Even otherwise, if you approach any typist sitting in the compound of the court and ask him to type execution application, he wil type it for you after taking the details of your case within 10 minutes.  so, go ahead.


Attached File : 213374 20150904171734 124132155 execution application.doc downloaded: 151 times

deep (deep)     05 September 2015

Thanks a lot sir In my case, a simple application for execution I've already given in July when I had called u on phone but no section etc written on it Despite of that, my spouse not paying but cleverly giving 1000 rupees on each date whereas pending amount is much much more Every time he takes 2 months date.. What to do I m ready to give up if he takes us back He is neither taking us back, nor making payment He will keep on lingering this issue like this forever, what to do??

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