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Husband not paying arrears since 2013 and not traceable
23-Aug-2023 (In Criminal Law)
I got an interim order passed of 5k monthly which is to be paid since the time of application which was 23 dec 2013. Husband did not pay a penny. Then distress warrant was issued which cud not be executed as he changed his address and was not traceable. Then again arrest warrant was passed under sec 125 (3) crpc and my husband filed for an appeal for a stay of the warrant which got rejected and meanwhile, my warrant expired and police filed a report saying he is not traceable. Now, what should be my next step. I have filed an application for nbw against him but the judge has asked for the provision or citation about the same. Help me as to what should be my next step.
Mam ask ur advocate to file an application for the attachment of property and ocution of property of husband and to recover ur maintanance amount. U r husband maliciousely abconded once u proceded for the attachment of property of ur husband he vl automatically appear in the court
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Adv. Bipin Agrawal
Mumbai | 100+ Answers
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File an application for attachment and sale of his movable properties. If after the sale still the pending amount is not recovered then you can file application for attachment and sale of his immovable properties.
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Adv. Namita Kanhurkar
Pune | 25+ Answers
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Dear Client,
It appears that you already have litigation and accordingly you may be having a legal counsel/Advocate appointed. I t would be advisable to take his legal opinion as he knows your case in a better way.
For second opinion It would be advisable if you can reach out to any of the impaneled advocate of lawrato. while going for the consultation do carry all your supportive documents so that proper and precise advise can be given.
Regards,
EXPERT JURIST LLP.
It appears that you already have litigation and accordingly you may be having a legal counsel/Advocate appointed. I t would be advisable to take his legal opinion as he knows your case in a better way.
For second opinion It would be advisable if you can reach out to any of the impaneled advocate of lawrato. while going for the consultation do carry all your supportive documents so that proper and precise advise can be given.
Regards,
EXPERT JURIST LLP.
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Adv. JV Bhosale
Mumbai | 400+ Answers
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In a reported Judgment between Ch. Venkata Reddy Vs. State of A.P. reported in 2008 (3) APLJ 85, the Hon'ble High Court held that if the accused failed to appear in spite of service of summons. Hence non bailable warrants are issued. The accused filed application to recall NBW and also to dispense with their personal attendance. It is discretion of the learned Magistrate to dispense with personal appearance. The accused must appear at the time of framing of charges under sec. 239 Cr.P.C. and examination under section 313 Cr.P.C. and also on the date of pronouncement of the judgment.
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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