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Cupid Cupid (CRM)     17 September 2015

Maintenance not paid - arrest warrant issued

So, the first time case was filed, the man compormised with the lady and agree to pay some amount every month as maintenance. Just after 5 odd months he stopped paying her. She again re-opened the case and kept sending him notice(s). They (notices) kept coming back stating the address was incorrect. The address is the only permant place for him and he appeared before court the first time when case was filed previously. Obviously, he playing around. Anyhow, notices kept coming back for about 5 off months now, and now, finally court has issiued an arrest warran (for him).

Next date is in Oct.

So, now that a warrant has been issues for him -

1. What will happen next?

2. What are the next proceedings?

3. Will he be called by the area police / S.P. / or be arrested and sent to Jail till next date?

4. What is he bribes and (or) continues to remain absconding?

5. If above point (4) holds true, can she request the court to get her share from the self-made property? By the way, the house is self-made (not from prevoius generations); she and he are the sole owners of it.

Please advise.

Thanks.



Learning

 2 Replies

Advocate Rohit (Advocate)     20 September 2015

Ask your lawyer to accompany the local police to execute the Arrest Warrant aginst your husband. if the husband is not available then the Lawyer needs to apply for non-bailable warrant and thereafter to declare him as an Absconder. Further, in the meanwhile court can issue ad-interm relief by way of injucntion upon dispossal and/or creation of third party rights on the house owned by your husband and yourself. hence, he will not be able to create any third party rights and or mortgage the property for loan.

 

Regards

Adv. Rohit M. Dalmia

9324538481

Mumbai

Dr Martin Campbell (Doctor)     25 April 2016

You have been sufficiently advised here.......

https://www.lawyersclubindia.com/forum/details.asp?quote=552144&mod_id=125302&offset=1#reply


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