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Judgements Required on Non-payment of Maintenance

The court has ordered the payment of maintenance amount u/s 125 CrPC. But the JD is not paying. Now the petitioner has asked the court to issue warrant of arrest under Rule 11A of Order XXI of CPC since the Jd is not paying the decreed amount of maintenance.

I request the learned members to give citations in support of issuace of Warrant of arrest under Rule11A order XXI CPC .

Pls also let me know what procedure the court shall follow before issuance of such warrants

Mr Bechara.................


 6 Replies


Dear Author,

U have not make clear facts of ur case. Tell me under what conditions the court had passed the maintenance.


Rakhi Ji

maintenance has been ordered u/s 125 CrPC. But JD(husband) is not paying the amount and also not attending the court. So the court has been requested to issued warrant of arrest under R11a Order21 CPC. Judgements are required to support the request  R11a order 21.

Mr Bechara...................

Jeetendra singh (Advocate)     23 January 2011

I think u should consult a good advocate. Court cannot use cpc in the matter of Crpc you should correct your query.        


Mr Jeetendra

pls tell me how recovery will be effected after the court has given final order on maintenance amount. Since proceeding u/s 125 are quasi civil in nature so CPC are applicable. Recovery procedure are effected under Order 21.

My query is alsolutely right

Mr Bechara................. 


Mr jeetendra

pls also look my other query Sec. 125(3) Vs Rule 11a of Order 21.

Mr Bechara....................

Jayesh Kumar (AA)     04 February 2011

In a DV Act case, the Magistrate passed an interim ex parte order u/s 23 for protection, residance & maintainence order after the husband refused to accept the summons(which is the report submitted by the officer serving the notice) thereafter Magistrate gave him time for 3-4 dates(mentioned in the interim ex parte order) & thereafter satisfying himself upon the FIR's & medical injury reports as submnitted by the Petitioner-wife(mentioning this fact in his interim ex parte order) passing such an order. Magistrate issued recovery warrants for the maintainence amount which husband continued defaulting. Husband was notified of the Domestic Violence case & order in another suit however still he did not appear by the wife. Husband appeared in the same Magistrate court in divorce proceeding then the wife asked Magistrate to serve the recovery warrant on the husband. Husband appeared thru counsel & filed application u/s 25 DV Act asking recall/revokation of the interim ex parte order passed 1 years ago.

My Question-

1. Can the husband file revocation of the interim ex parte order passed 1 year ago u/s 25 in the above circumstances?

2. Can the Magistrate recall his own order in the above said circumstances(Justice Adalat Prasad in a judgement said a Magistrate cannot recall his own order)?

3. Even if the case has to be now argumented, does the Respondent-husband need to pay the interim maintainence granted or that too only after the decision of the case?

There is no stay or any such adverse order by any Higher Court.

I will really be greatful if the experts of The Law can give their assesment on this matter

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