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SANJEEV KUMAR (STUDENT)     02 November 2012

Nbw execution

 

JD HUSBAND IS RESIDENT OF  NOT ALIGARH AND WIFE IS RESIDENT OF DELHI . MAINTENANCE CASE U/S 125 FILED BY WIFE IN DELHI AND   MAINTENANCE CASE U/S 125 HAS BEEN DECIDED EX PARTY SINCE HUSBAND NEVER ATTENDED THE COURT AND NOW WIFE FILED EXECUTION PETITION FOR RECOVERY OF MAINTENANCE AMOUNT. STILL HUSBAND IS NOT COMING OR PAYING THE AMOUNT. NBWs ISSUED BUT REMAINED UNEXECUTED.

NOW THE WIFE REQUESTED THE COURT( ADDL. DISTT. JUDGE ) TO SEND NBWs TO CHIEF JUDICIAL MAGISTRATE BY POST FOR EXECUTION.

QUESTIONS:

CAN THE COURT SEND THE NBWs FOR EXECUTION TO CJM ,ALIGARH FOR EXECUTION BY POST.

1. IF NO THEN WHY NOT AND WHICH SECTION.

2. IF YES THEN UNDER WHICH SECTION OF CrPC THE COURT CAN DIRECT CJM OF OTHER STATE FOR EXECUTION OF NBWs.

3. ANY DECIDED CASES FOR AND AGAINST THE EXECUTION.



Learning

 1 Replies

Tajobsindia (Senior Partner )     02 November 2012

Help yourself reading down S. 78 till S. 81 [also r/w S. 71] of CrPC The Code

All your questions will get answered precisely except case laws as that stage has not cometh if your brief is to be read correctly at this stage 
J
 

 


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