Krishna 05 November 2021

Warrants in crpc125

In the CRPC125 wife was denied( Qualified Software engineer) and child was given Rs.3500/- + education allowances. After getting order the 3 years child was put in play school and wife filed petition for Rs.60,000 for education allowances, I'm paying regular maintenance. Due to covid,infection my lawyer and I did not go to court. Now that lawyer is not representing case. We filed counter , but did not argue. Now order passed to pay Rs.60K in Feb,21 which I'm not in a position to pay and warrants issued. I came to know about this only last week? .What is the remedy now?1. shall I file stay and revision in high court or any other remedy?

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7 Replies

Dr J C Vashista (Advocate) 06 November 2021

Facts and query is not clear.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 06 November 2021

a husband cannot abdicate the responsibility of paying maintenance to his estranged wife and gave the last opportunity to a man to clear entire outstanding failing which he would be imprisoned. or else husband can go for appeal to higher courts

Krishna 06 November 2021

Yes, I agree, but is play school mandatory in educational allowances and that too Rs.60,000 per annum which the respondent can not pay and with out his knowledge the the child was admitted only to harass the respondent by using the maintainance order

P. Venu (Advocate) 13 November 2021

You need to approach the higher courts if the enhanced maintenanace is injudicious.

Megha 02 February 2022

Hi,

You may consider filing a revision petition before the court and if the court is satisfied by your inability to pay, it will reduce the allowance payable. You can also consider filing an application under section 127 of the CrPC for alteration in allownace.

Best regards,
Megha

PALLABH HALDAR 03 February 2022

Go for Revision Petition.Hire a Good lawyer who deals such cases. He will try to convince the court to reduce the amount. If no reduction court may also allow direct you to pay 60k in 2 parts.

Regards

Advocate Pallabh Haldar

Dr J C Vashista (Advocate) 03 February 2022

As advised by experts herein above you should move in 127 Cr PC or revision petition before appellate court through another local prudent lawyer.

Which court has passed such an order, as it is absolutly against the principles of natural justice, unjustified and arbitrary, if the facts posted are true and correct.