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Warrant Issue_Family Court



As I have already told in my previous queries, the family court has ordered interim maintenance of Rs 3000/- per month and that amount totals to Rs 50,000/- till date and I have made a part payment of Rs 13,000/-.  The judge of the family court has told and warned that should make full payment till date or else warrant will be issued.  I was so tensed that I could not even ask what it means by warrant issue, later on lawyer told me that police will arrest me.  Is this true.  Please do reply.  I am trying to arrange for money to atleast make another 20,000 payment.


 4 Replies


Sad but true. I do not think as long as you go on making at least part payment the judge will be issuing warrant.Best of luck.

Sawal pounds of flesh ka hai.

legaljoe68 (member)     10 September 2010

dont make any payment if u are unmeployed .

please answer follwing.

R u employed.

is ur wife employed.

whether any attempts have been made to recover the maintenace amount .

the judge cannot issue distress waraant to recover the amount. he has to issue the show cause notice 'asking u why u r not able to pay the amount "

u reply to it ,prolong the case.

if there is change in circumstances ie at the time of maintenace order and now related to ur job then fiile a case under section 127(2) of Crpc.

justice dhingra judgemnt be referred that a unemployed person cannot be forced to pay maintennace.

consult good lawyer.

my case is similar I have stoped distress warant under 125(3)

to recover arrears of maintenace some limitation period is there.



For the time being I am unemplyed, as I just dont have one case to handle, my wife has put domestic violence act against me and my parents. fed up my hapless way of working, my employer told, finish off ur case and then get back to work as like this we both wont be able to do justice to our jobs.

MY wife was previously working as a computer teacher and from th date of issue of summons from family court fofr divorce she is living with her parents in a different town.  Since then no contact as to what she is doing for a living, but she has got all things from whch one can live a good lifestyle. big house, farm, lorries etc.

No attempts have been made to recover maintenance amount by the family court so far, but the last date when I made part payment of the 50 K, the judge told, if u dont make 50% payment on next date ie 19/10/2010 warrant will be issued.


yes I did go through Justice Dhingra's judgement with regard to unemployed man not to be asked to pay maintenance.


"fiile a case under section 127(2) of Crpc." how to do this.. one petition would do is it? pls do reply.

legaljoe68 (member)     10 November 2018

Approach high court, go for quashing

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