I have NBW against me But Police harassing my old age parents
09-May-2025 (In Divorce Law)
I have NBW against me in crpc 125 maintenance case and I have been paying maintenance every month as per my capacity but judge issued NBW asking to clear all the arrears soon. I am doing small job in another city and paying every month. But, the police officers are doing phone calls to my old age parents and they are coming to house and taking in rude manner and giving treats everyday. Please suggest me how can i stop police coming to my old age parents home.
1. File a Petition to Recall NBW:
Immediately approach the Family Court or Magistrate Court which issued the NBW.
File a petition under Section 70(2) CrPC requesting recall/cancellation of NBW, explaining:
You are not absconding.
You are paying monthly maintenance as per your financial capacity.
Your job is in another city and your absence is not willful.
The harassment caused to your elderly parents due to police pressure.
2. Offer a Payment Plan or Part Payment:
Attach proof of monthly payments already made.
Show willingness to pay arrears in installments.
Seek some time or grace period from the court, citing genuine hardship.
3. File a Complaint Against Police Misconduct:
If police are harassing your parents (who are not accused), you may file a written complaint to the Superintendent of Police (SP) or Human Rights Commission stating:
Harassment of senior citizens.
Misuse of NBW enforcement against uninvolved persons.
4. File Application under Article 226 (in High Court):
If lower court doesn't provide relief or police continue harassment, you may approach the High Court under Article 226 for:
Protection of your parents.
Challenging the procedural abuse of NBW.
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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