Civil Procedure Code (CPC)

Recovery warrant u/s 125


The magistrate has issued a recovery warrant u/s 125, although I have paid Rs. 2,00,000 earlier and paying some small instalment in last two month. the wife is working with Rs. 30,000 per month and court has record of it.  but it did not change the maintenance order. My petition against the maintenance order os pending in session court. 

please suggest the remedial action for recovery warrant, how  I can stop giving this amount?

 
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Bangalore

Originally posted by : Rajiv kumar
The magistrate has issued a recovery warrant u/s 125, although I have paid Rs. 2,00,000 earlier and paying some small instalment in last two month. the wife is working with Rs. 30,000 per month and court has record of it.  but it did not change the maintenance order. My petition against the maintenance order os pending in session court. 

please suggest the remedial action for recovery warrant, how  I can stop giving this amount?


Remedy 1: Abscond. Go hiding. Go underground.

Remedy 2: Secure hand loan and pay of the balance and clear all dues.

Remedy 3:  Give a letter to family court judge that you are willing to take back wife, you will be saved from future payments of alimony.  Just giving letter wont suffice, you have to bring her back and start marital life again.

 
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Bangalore

Just bringing wife back wont help, you have to clear old dues and then get a nod from Family Court judge then bring her back in doli. Then you can ask pocket money from her 30000 salary and pain her toes with pink nail polish. cheeky

 
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N.A

Originally posted by : Rajiv kumar
The magistrate has issued a recovery warrant u/s 125, although I have paid Rs. 2,00,000 earlier and paying some small instalment in last two month. the wife is working with Rs. 30,000 per month and court has record of it.  but it did not change the maintenance order. My petition against the maintenance order os pending in session court. 

please suggest the remedial action for recovery warrant, how  I can stop giving this amount?

 

When she herself is working why are you paying maintenance?

Is it for child?

If not, then why you havn't applied for stay order?

Why you paid Rs 2 lac ?

 
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Dear helping Hand,

If you have any remedy 4 legal in spirit then do let me know. 

Dear Sachin,  

Her job information was identified after maintenance order, but magistrate did not change the original order. she might be sleeping with him or bribing somehow. either of possibility is there for sure. 

my application against the order is pending session court. 

Do I need to go high court for stay or pay some bulk amount. 

 
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N.A

Originally posted by : Rajiv kumar
Dear Sachin,  

Her job information was identified after maintenance order, but magistrate did not change the original order. she might be sleeping with him or bribing somehow. either of possibility is there for sure. 

my application against the order is pending session court. 

Do I need to go high court for stay or pay some bulk amount. 

 

You should have prayed to session court to call TCR ( Trial court Record). To avoid this situation.

Now first take stay order against warrant.

Also file perjury against her.


Total likes : 1 times

 
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N.A

Originally posted by : Rajiv kumar

Dear Sachin,  

Her job information was identified after maintenance order, but

 

magistrate did not change the original order. she might be sleeping with him or bribing somehow. either of possibility is there for sure. 

 

 

If you don't trust the judge, you can file transfer petition in the court of District Judge.


Total likes : 1 times

 
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file appeal against said order

 
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Bangalore

Great advise.  He dont have money to pay alimony, and where will he go for appeal? 

Querist,

Once man marries, he has to maitain wife and kids, whether they stay with you or without you.

Warrant issue can  be cancelled if you clear old dues. 

Appeal, re-appeal all that later.  First clear dues, see above ppl who suggested you might lend you money or give you money.  No other solution.  Even if you go for appeal, you will have to clear minimum fifty percent of dues without which your appeal wont be accepted at all. By end of it nobody knows what will happen in appeal.  If some judge is tehre who favors women, he might increase the alimony lower court ordered and even more increase burden for you, if your good luck is very good !!

Why all this problem, adjust with wife.  if not this wife some other wife you will get, but that also will be like this only, might be worse than this.  There also you have to adjust, why not adjust with old wife than break head about appeal re-appeal re-marry wtih new wifi?

 
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Dear helping Hand,

Possibility of adjusting life with wife is rarest of rare phenomena which can happen, as today it is 13 yr off marriage and we are separated almost from 13 yr.

5-6 yr back, when the litigations were in starting stage, i have handed over an application to court in DV case that i want to live with my wife. But my wife had already done so much crime against me, while filing litigation that she even rejected the offer being "gharjamai". So adjustment is rare to rare phenomena. 

 

Once man marries, he has to maitain wife and kids, whether they stay with you or without you" :

Everything written as law is always not correct. 75 yr back "Gulami" was a law and practiced which was also not correct. 100 yr back " SATIPRATHA" was rule in society and practiced which was also not correct. Even today property rights of women is not well defined. A girl who lives her life with father and mother do not get 1% part of property but just by taking 7 fere , she becomes a liability for someone ( and in laws ) for life time. However there might not be any contribution by her to the in law's family. 

The dowry issues and property rights of women are interlinked and society it self is not ready to resolve it. These false litigation are only because disguised property rights of woman. The marriage failure rates are increasing because cultural change but it leaves the property rights of woman in dark. A girl supposed to get property where she looses her virginity but not from the family where she might have stayed for entire life. 

A wife who has been responsible for taking the goverment job of husband , how she could be entitled for livilihood when she herself taken away the livilhood. but if this truth is diclosed in court by my lawyer, how and from where this entire gamble of dowry cases and DV would sustain. it would be economic failure to model, built by society. 

During these entire litigation process , the boy family is only source of money to drive this gamble and get harrassed for nothing. The voices in society have got changed but not to the extent that it may change the view of judciary and specialy lower judiciary. 

 

 

 
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