What is the difference between Sec.125(3) CrPC and Rule 11A of oder XXI or CPC.
How to use both provisions when the JD is not paying the maintenance amount as ordered by court
adv. rajeev ( rajoo ) (practicing advocate) 22 January 2011
Sec 125(3) of CR.P.C. to recover the maintenance amount ordered by the court in criminal miscelleneous case. Under the CPC provision 21 r 11 A is to recover the decreetal amount.
Once the order for payment of maintenance amount is made then amount payable becomes the decreed amount. Since the recovery proceedings u/s 125crpc are civil in nature so order21 is followed. But when the JD does not pay the decreed amount then why court asks to follow R 11A for issuing Warrant of arrest when it can arrest delinquent JD u/s 125(3) Crpc
s k s k sarma (advocate) 23 January 2011
when the court awarded maintenance under section 125 Cr PC ie under criminal procedure.so you can pray the court to issue non bailable warrant aganist the J Dr by filing petition under 126 Cr P C you can't ask the relief under Order XXI
warrior (Personal) 06 May 2012
My MC 125 , exparte order .....I am NRI ...my wife filed petition under 125(3) and in first hearing Judge ordered Warrant against me.
What are the options I have now ? how to do set aside on Mc 125 and get stay order on my stay order ?
vishnu (EE) 25 November 2012
An option left to you is to comply court orders immediately & discharge duties of a law abiding citizen. The orders are from Honorable courts in
Police can put you behind bars