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nizam shaikh (Salesman)     14 October 2022

section. 125

my wife files a false case of maintenance there no children already issued 1 warrant what will happen if 2nd warrant issued and matter is in uttar pradesh court and incident happened in Mumbai.

may I know how I can make this stop as I stay in Mumbai I am unable to find evidence and she had done 2nd marrage but I have no proof


Quick Summary
This discussion addresses a situation where a false maintenance case has been filed, resulting in a warrant. The user is seeking advice on how to stop the proceedings, especially as they reside in Mumbai while the case is in Uttar Pradesh. Key concerns include the issuance of a second warrant, the wife's remarriage without a legal divorce, and the difficulty in gathering evidence from afar. The advice suggests exploring options under Section 494 of the IPC and Section 13 of the HM Act, and highlights the importance of understanding the court's previous orders regarding maintenance and the reason for the warrant.

 5 Replies

Vishal, Adv-Supreme Court (Advocate Whatsapp 9717985984)     15 October 2022

If the 1st warrant was Bailable and you didnt appear then Non bailable warrant may get issued.

For more detailed discussion kindly call at 9717985984--Advocate Vishal Garg

Bal Mukund Shah(9826310378) (Advocate)     15 October 2022

when maintinence order is passed then your libilty to pay mantinence amout  you are gardian to wife .if your wife remarrage without legal divorce  then you file complaint under sec. 494 Ipc and pition under sec. 13 HM Act 

P. Venu (Advocate)     16 October 2022

The facts posted are incomplete. Has the court passed any orders for payment of maintainence?  Why the warrant is issued?

nizam shaikh (Salesman)     17 October 2022

yes mr bal mukund Shah maintenance has passed and 1 warrant is issued

nizam shaikh (Salesman)     20 October 2022

can I file 494 from mumbai as case is in uttar pradesh but matter belongs to mumbai

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