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Not paying maintenance since 10 yrs and hide in US
07-Apr-2025 (In Divorce Law)
Hi , husband was ordered to pay maintenance from 125 Cr.P.C. and also maintenance order given in DV act since 2015 , but husbnd didn't appear in any case and it became warrant , he is not paying maintenance and 5 warrants are there , he is in US on H1-B visa and police also not searching him , what to do now ?
Shall I go to High Court for police inaction Writ petition ? How to block passport ? And can I make party MEA ?
Or have to tell this to Lower Court ?
Look out notice and WPA was not done
It's best to move to the High court for a quick action as the issue has multiple dimensions including the husband presently residing in the US on H1B visa. Since the case has been filed almost a decade ago and the relief is still pending no point roaming around in the lower courts. Having said that relief is also possible in the lower court but will be more time taking and tedious.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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You can always file for execution of the maintenance case filed by you. In execution you can attach the movable and immovable properties of your husband and recover your maintenance amount. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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Hi. Have you filed execution of the maintenance order ? Does he have any property or asset in his name in India ? Is his family here ? Warrants have been issued in FIR or 125 execution? Please reach out for discussion on the same
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Adv. Bhawani Gupta
Delhi | 50+ Answers
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Since multiple warrants have been issued and police are inactive, you may file a writ petition in the High Court under Article 226 for police inaction. You can also request issuance of a Look Out Circular (LOC) and WPA through the concerned Magistrate Court. For passport impounding and visa issues, file an application before the trial court to issue directions under Section 10(3) of the Passport Act and also make MEA a party to that extent. Ensure that NBW and recovery steps are actively pursued. You can also seek red corner notice through CBI/Interpol via proper court orders.
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Adv. Adarsh Kumar
Delhi | 400+ Answers
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