Civil Procedure Code (CPC)

Stay order afer issue of recovery warrent

Housewife

Recovery warrant order has been issued by court in my maintenance 125 case.Maintenance oder is exparty order.Recovery Warrant order is also an exparty order .Husbands 126(2) is pending in the same court .Can he get stay order from high court?

 
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Lawyer

Yes he can get it.


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Advocate & Solicitor at Law

Yes but only upon mentioning the same and approaching through the appropriate remedy. Augustine Chatterjee 9999931153

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CEO

.You can get the exparte orders set aside  within 3 months from the date of exparte order for good cause being shown.If   you appreciate this answer please convey my forum thnaks.by clicking thanks button.

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Central Government Act
Section 126 in The Code Of Criminal Procedure, 1973

126. Procedure.

(1) Proceedings under section 125 may be taken against any person in any district-
(a) where he is, or
(b) where he or his wife, resides, or
(c) where he last resided with his wife, or as the case may be, with the mother of the illegitimate child.
(2) All evidence in such proceedings shall be taken in the presence of the person against whom an order for payment of maintenance is proceed to be made, or, when his personal attendance is dispensed with, in the presence of his pleader, and shall be recorded in the manner prescribed for summons- cases: Provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms at to payment of costs to the opposite party as the Magistrate may think just and proper.

(3) The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be jus


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CEO

PPossibly he might.But High Court fter examining  both parties income from al sources wil award maintainance. You nwed no tpwrry on thatr count.He manot get any staay order staying your maintainance.


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