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Can Court May issue a Warrant in Under section 128 crpc?
17-Sep-2023 (In Divorce Law)
Hello... My Friend Facing a Maintenance case Under section 125 of crpc ... Wife Filed petition in 128 crpc after order passed in favour of her.. and court issue a " Distress Warrant" against to my Friend for levy Arrear amount of Maintenance . So my Question is .. Court can Issue A " Distress warrant" in Application of 128 crpc . Because i'm a law student and according to me section 128 crpc says that for enforcement of Order .. in section 128 crpc clear mention that a copy of Order free of cost to the person in whose favour it is made.. and not mentioned for any " Distress warrant " or Arrest Warrant.. so can a family court may issue a distress warrant or arrest warrant in 128 crpc ???... it is legal???
Dear Client you are reading only half part of section 128. Magistrate has power to enforce the order or decree passed in favour of the party seeking maintainance and warrants may be issued by the magistrates in whose jurisdiction respondent/ JD is residing whether it is family court or any other judicial magistrate.
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Adv. Manoj Kumar Pandey
Delhi | 100+ Answers
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