MS Kaur 01 October 2021

How many times can court issue conitional warrant in a execution

Sir
Family court vide its order dated Sept 2014 allowed maintenance for me and my minor daughter. Every time I have file execution under 125 for recovery of maintenance. Since Sept 2019 My husband has not paid any payment in the pending execution. Since August 2020 family court has been issuinh conditional warrant in all pending executions but it is returning unexecuted. Please tell 1. Is there any provision in the law that court cannit issue conditional warrant for more than 8-10times if it returning unexecuted.

2. Is there any provision to declare PO in this case.
3.can IO do enquiry to the people who is in regular contact of my husband on the basis if his CDR.

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Quick Summary

This discussion concerns the repeated issuance of unexecuted conditional warrants by a family court for maintenance recovery. The user is seeking clarification on whether there's a legal limit to how many times these warrants can be issued when they remain unexecuted. They also inquire about the possibility of declaring the judgment debtor a proclaimed offender and the scope of investigation based on CDR data. The advice received suggests there's no strict limit on conditional warrants, but they must be executed before further action. However, the user notes the court now claims a limit exists, hindering further enforcement.

2 Replies

Dr J C Vashista (Advocate) 03 October 2021

Execution of a decree is a civil proceeding, which is not a crime / offence to declare Judgement Debtor as PO and/ or inquiry by IO.

The judgment debtor has to be informed / notified / summoned.

There is no limit (number) of conditional warrants but shall have to be executed before proceeding further.

Your counsel is the best person to advise and proceed.

MS Kaur 03 October 2021

Thanks for your reply Sir, but in my case for 9 consecutive times conditional warrants are returned unexecuted and inspite specific direction of court no whatsapp location could be traced by police. My husband is deliberately avioding the execution of warrants and not paying maintenance since 2019.

Now court is saying that according to law there is a limit to issue warrants and can not issue further warrants.