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shivani (housewife)     26 September 2024

Maintenance order

Final monthly maintenance order is passed by the trial court under dvact and then execution was filed.. despite execution order if husband doesn't pay the maintenance amount. Then order of attachment of movable property will be passed alongwith filing of PF ?

 

1 . can someone please tell that is it mandatory to file the list of articles of movable properties alongwith PF form ?

2. I mean husband doesn't stay in matrimonial home and he is not in possession of those articles but he has submitted his address of matrimonial home in court papers..so can the bailiff go to that house to fulfill attachment of movable property ? But what if no one opens the door and then he will return with a report..so what will be the next step of execution judge ? Pls suggest



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     26 September 2024

What is PF form"

If maitnenance collection petition is filed and if the petitioner feels that the respondent is not having any regular source of income to pay the monthly maintenance  then the petitioner can seek attachment of his properties which will include moable properties too for the purpose of security.. 

If the respondent is not residing in that house then the petitioner cannot insist on recovering the properties belonging to the people living in that house, she has to provide the correct address of the respondent for executing the court order, if necesary with the assistance of police

shivani (housewife)     26 September 2024

@t kalaiselvan sir -thanks a lot for ur suggestion. PF is "process fee".. i don't have the exact address of the respondent. And it's next to impossible for me to check where the respondent stays.  I have only that address of the respondent that is submitted by the respondent only in court records. If attachment of property report comes back by saying that no address of respondent then what will be the next step of the judge ? Because respondent and his lawyer both don't come to the court for hearing

Dr. J C Vashista (Advocate )     27 September 2024

Some High Courts has the rule for filing PF "once" in life time of the suit / case, however, some (majority High Courts) have the rule for filing Process Fees on every order to issue notice to opposite party/ warrant against opposite party. What is the rule in your case ?

List of movable and immovable assets of judgment debtor has to be filed by decree holder otherwise the DH may apply for filing of affidavit of assets by JD u/o XXI Rule 37 CPC.

shivani (housewife)     27 September 2024

@jc vashista- sir I am talking about the "PF" ,process fee form..which a decree holder has to file when attachment of movable property order is passed by trial court. Once the final report is made for attachment of movable property being unsuccessful due to the address issue etc.. then judge himself will pass orders for attachment of movable property ? 

T. Kalaiselvan, Advocate (Advocate)     27 September 2024

The court will pass an order  allowing the relief if the opponent is not contesting it, however the court will not go behind the opponent 's address, it is your duty to provide the address of your opponent, if not then the court will not come to your rescue, it may even dismiss your applicaction.

 

 

Dr. J C Vashista (Advocate )     28 September 2024

Originally posted by : shivani
@jc vashista- sir I am talking about the "PF" ,process fee form..which a decree holder has to file when attachment of movable property order is passed by trial court. Once the final report is made for attachment of movable property being unsuccessful due to the address issue etc.. then judge himself will pass orders for attachment of movable property ? 

The Court shall pass fresh order / warrants of attachment of the movable property of the judgment debtor for which "process fees" has to be filed again, if it is High Court Rule on the subject.

shivani (housewife)     29 September 2024

Ok

 Thanks to all above for valuable suggestion.


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