Hari 27 July 2016

No section mentioned in distress warrant

Dear members,

Please advise me on the following

I filed a divorce case against my wife under the grounds of mental cruelty.

The wife filed an application u/sec 24 HMA and she was awarded maintenance at Rs. 3000/- per month.

I did not pay the maintenance until I prepared to file an appeal. In the meantime, four months elapsed and the opposite lawyer filed an application for issuing a distress warrant.

However, he did not mention any section (CPC or CRPC) for issuing a distress warrant in the application.

I am confused with how the opposite lawyer could not mention a section under law that mandates a distress warrant?

Please let me know what section either CPC or CRPC a distress warrant is issued under?

hari.

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1 Replies

Mukesh sharma (job ) 28 July 2016

Hi Hari if you not paid maintaince to your wife and court give you order to pay by default monthly and you said you not paid it yet

so than opposite lawyer take objection on it and you not say that you paid after you prepare you application and thier no need to mention section for lawyer in which section he sent you warrent its by law if you not paid than court issue warrent

thnks