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distress warrant issued against the case 125(3)
02-Dec-2023 (In Family Law)
My wife filed 125(3) as soon as the earlier case of crprc 125 was complete . I did not receive the notice for same as I moved to a another rental house and vacated previous place. I had informed my wife about change in address and also informed local police station. Also,I have appealed in High court against maintenance order crprc 125. I have paid more than 50% of the arrears till date. The court issued a distress warrant after few hearings on recovery of the total amount due at the time of filing 125(3). When I appeared in court after getting information of warrant, the judge has told to pay pending due and did not hear that I was not even aware of this case , and that I am regularly paying maintenance every month and that I have already cleared half of the arrears. Kindly advise .
We need to file our appearance.
Second step would be cancellation of warrant on the ground that you were unaware and you seek more time for payment.
I’ll tell you this there is no other way but to pay. Unless there are change in circumstances as per law.
I have a lot of questions and a full disclosure of facts can hep me to guide you better.
You can consult me and I can appear in your case if you desire
Second step would be cancellation of warrant on the ground that you were unaware and you seek more time for payment.
I’ll tell you this there is no other way but to pay. Unless there are change in circumstances as per law.
I have a lot of questions and a full disclosure of facts can hep me to guide you better.
You can consult me and I can appear in your case if you desire
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Adv. Krutarth Trivedi
Ahmedabad | 100+ Answers
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What is a distress warrant in TN?
A distress warrant is an order written by a person authorized, usually a municipal clerk or county clerk. It directs a law-enforcement officer to seize property to pay a debt that has been delinquent.
What is mean by distress warrant?
What is a distress warrant? A court order that gives the authority to seize goods to pay debts. See warrants.
What happens in recovery warrant?
The warrant was issued in accordance with section 40 (1) RERA. This states that if a promoter, an allottee, or a real-estate agent, as applicable, fails to pay interest, penalty, or compensation imposed by the adjudicating official, the Regulatory Authority, or the Appellate Authority as applicable, he will be liable for the amount.
What is distress warrant in CrPC 125?
Only when there is no sufficient reason for the defaulter to not comply with the order, can a distress warrant be issued to recover the maintenance amount. JUDGEMENT. 1. Compensation of up to Rs. The alleged illegal imprisonment in prison between 23.5% and 25.5% of the time.
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