Ccan I complain on family court judge in human rights commission
16-May-2025 (In Criminal Law)
I am paying maintrnance amountnsometimes 10K or 15k or 20k according to my capacity. But judge issued NBW for not clearing all the arreas of balance amount also issued NBW. And also not accepting my recall for NBW application is getting dismissed since last 5 attempts. How can I get recall of NBW now.
Strongest Grounds for Recall:
To increase chances of NBW recall, you must:
Pay a significant lump sum (preferably more than 50% of arrears).
Attach proof of income or incapacity (salary slips, medical records, loan EMIs etc.).
Submit an affidavit of undertaking to pay remaining balance in fixed instalments.
Show change of circumstance or fresh reason why you missed earlier payments (job loss, medical emergency, etc.).
If the judge has issued a non-bailable warrant against you despite you paying maintenance in parts—like ₹10,000, ₹15,000, or ₹20,000—it likely means the court is not satisfied with your payments or sees them as irregular and insufficient to clear the arrears. Since your recall petition has been dismissed multiple times, it’s clear the judge expects more than just a verbal assurance or partial compliance.
At this stage, you should try to file a fresh recall application, but this time include a proper affidavit explaining your financial condition, attaching proof of the payments you've already made, and also offering a concrete plan to clear the balance—either in one lump sum or in fixed instalments within a clear timeline. Courts usually want to see genuine intent and some serious effort before considering recall of an NBW.
If possible, make a substantial payment before the next hearing and take that receipt along with you when you go in person. Judges often consider recall more favourably when the person shows up and takes responsibility rather than avoiding the process.
Also, if the magistrate keeps rejecting your application, you can approach the Sessions Court or even the High Court through a revision or writ petition, depending on the facts. But the first and most effective step is to show seriousness by combining a reasonable payment with a clear undertaking.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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