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Recovery warrant in 125-3 case


10-Feb-2026 (In Divorce Law)
I got final maintenance order in CRPC 125 which is 8k per month. Before this order I have already being paying 6 k/month in DV , and order was made 2 years before CRPC 125. OP filled recovery in CRPC 125(125-3) and court processed arrest warrant and took me in custody and releasde me once I paid half the amount of arrears. Now again after 2 months court asking next installment of arrears and processed again the recovery warrant and arrest warrant, Can the recovery be challenged/stay in HC?
Answers (5)

Answer #1
665 votes
yes you can challenge the recovery warrant before the Hon'ble High court of your state you can also file a recall of warrant court cannot take you in custody for fulfillment of the maintenance amount
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Advocate Amit Pandey

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Answer #2
646 votes
yes you have to pay as pet the recovery warrant thus will recover the other half of the arrears the recovery can be challenged in the high court very much final maintenance amount is 8000k per month then you were already paying 6000 under the dv act
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Advocate Spiti Sarkar

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LawRatoGreater Noida | 700+ Answers
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Answer #3
963 votes
on the above mentioned query please note down that domestic violence is civil procedure and 125 crpc is criminal procedure. so, the process of both cases is different and runs seperately. next the answer of your issue is, no, you cannot challange the recovery order/ warrant in high court.
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Advocate Ankit Gupta

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LawRatoLucknow | 400+ Answers
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Answer #4
932 votes
yes apko stay mil skta hai and sc ka judgment hai ki aap dono case mai paise na de aapko dono caso ko order ko challnage kro aap and stay ko koi aapko warrant ni hgaa aap kaha se hai sir kis district se pl
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Advocate Shashvat Bhatt

Adv. Shashvat Bhatt

LawRatoLucknow | 50+ Answers
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Answer #5
916 votes
yes the same is challengeable before the HC, if you already paying the maintenance amount the RW can not be issued. If the Final maintenance order passed in 125 Cr.P.C. and in DV as well the husband is required to pay only one amount which ever is higher in both the cases. Thus you should challenge the recovery and warrant together before HC
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Advocate Ankur Singh

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LawRatoAllahabad | 25+ Answers
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