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Cancelling warrant issued under CRPC 125(3)
29-Aug-2023 (In Criminal Law)
Hi All,
Just wanted to know how do I cancel warrant issued against me as well as 4 other family members, because I am ready to surrender as I dont have money to pay for maintainance amount, but the other party is stating that they will still arrest my family members for the same. Please advice as I dont want this to happen. I am a muslim. And dont want want my women members to be arrested. I have a ec party order to pay 2.60 lacs.
Please advise
Surrender before the Judge and make an application that you can not make payment of money due to ur financial position.
At the same time, make separate applications for ur family members for cancellation of warrant as maintenance amount has to be paid by u and not other family members and hence they are not liable to be arrested or forced to pay .
One separate applications are made then the Judge will consider the application and decide.
At least ur family members will not be arrested and harassed any further.
At the same time, make separate applications for ur family members for cancellation of warrant as maintenance amount has to be paid by u and not other family members and hence they are not liable to be arrested or forced to pay .
One separate applications are made then the Judge will consider the application and decide.
At least ur family members will not be arrested and harassed any further.
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Adv. Namitabh Kothari
Mumbai | 400+ Answers
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What do you mean by distress warrant?
What is a distress warrant? A court order that gives the authority to seize goods to pay debts. See warrants.
What is distress warrant in CrPC 125?
Only when there is no sufficient reason for the defaulter to not comply with the order, can a distress warrant be issued to recover the maintenance amount.
When can warrants be Cancelled?
In certain cases, a court can cancel the warrant when the accused surrenders voluntarily. If the accused does not appear in court, even after the warrant has been cancelled, the court can issue a new warrant for their arrest. 15-Apr-2023
What happens when distress warrant is issued?
The court will authorize and allow the authorities to seize your belongings or property if you fail to pay interim maintenance. The Court Order is not being followed and the distress warrant order has been issued. 26-Apr-2022
For it you have to appeal to the high court for stay of the order if you surrender maybe they will detain you in civil prison i do not think that they can arrest your family members please see why the warrants were issued and why is the order ex-party???? why did you not appear in the court through an advocate????. please consult your local lawyer for further advice.....
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Adv. Vikram Vishwas Kulkarni
Karad | 100+ Answers
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