RECOVERY WARRANT and arrest warrant issue under section128
05-Oct-2024 (In Divorce Law)
section 125 ka case meri wife k favour me ho gya tha aur court ne 5000 per month maiantaince laga diya meine abhi tak kuch maintaince nh diya hein 5 months ho gye
ab meri wife ne section 128 me recovery warrant and arrest warrant issue karwa diya
meri wife ka state up hein aur mera rajsthan to muje ye pata krna hein ki kya muje jail hogi kya aur konsi police arrest waarant leke aaegi . uttar pardesh police ya rajsthan police
me jail jane se kese bach skta hu
I read your query Advocate Himanshu jain submits that you can put stay on arrest warrant which were issued against you and follow the terms and conditions of the procedure of law. In pursuant of criminal law if you didn’t pay any amount from interim granted by court the. You will face the consequences.
Aapko UP police arrest kr skti hai agar aap payment nahi krte ho lekin haa agar payment karke apna bonafide dikhate uo to us situation me aap jail jaane se bach skte ho aurnagar aap saara paisa ek sth nahi de skte to court me application laga skte ho aur dheere dheere payment kr skte ho us confition me b aap jail jaane se bach skte ho
Hello,
1. Comply with the Maintenance Order: The most straightforward way to avoid arrest is to pay the maintenance arrears as directed by the court. If full payment is not possible, partial payments may show a good-faith effort.
2. File an Appeal or Revision: If the husband believes the maintenance order is unjust or excessive, he can file an appeal or revision petition in a higher court. He can also seek a stay on the execution of the maintenance order pending the outcome of the appeal.
3. Seek Modification of the Maintenance Order: If the husband’s financial situation has changed (e.g., loss of job, medical issues), he can approach the court to seek a reduction or modification of the maintenance order by providing proof of his inability to pay.
5. File for a Stay on the Arrest Warrant: The husband can file an application before the court to stay the arrest warrant, citing reasons such as an inability to pay the full amount and a commitment to pay in installments.
6. Show Cause: If the husband has genuine reasons for not complying with the maintenance order, he can file a “show cause” application, explaining his circumstances to the court and requesting leniency or more time to pay.
Taking prompt legal action and demonstrating a willingness to resolve the matter can help you avoid jail time.
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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