• Litigation court costs

I have a appeal at the High Court crpc 125. I am unable to work due to illness and have operations. The judge has ordered a stay for the lower court whilst the case is heard in the High Court. 
He has said subject to deposit of 25.000 rupees a litigation expense before the registry office Registry of this court notice be issued to the respondent for such a date Notice of stay as well
Could you clarify who has to pay this money and for what purpose is it required and also is it compulsory??
Asked 7 years ago in Criminal Law
Religion: Hindu

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20 Answers

1. The person who ahs filed the appeal seeking stay on order of maintenance will have ti make the payment of 25k..

2. it appears husband has filed an appeal and if that is so then he will have to pay that amount.

3. I may inform that normal physical illness is no excuse to avoid maintenance.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Dear Concerned,

It's and appeal filed by you and as a pre-condition on you to issue notice to the opposite party , this 25K has to be deposited by you,

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. You shall have to deposit the said amount for effecting the stay order on the lower court direction.

2. The purpose has already been mentioned as litigation expenses and when there is an order for the said payment, it becomes compulsory for getting a stay on the lower court order unless that order is stayed otherwise by a Court order.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. As per the Apex Court, beg or borrow, husband shall have to maintain his family.

2. in your case you shall have to prove before the Court that your wife is not entitled to any maintenance since she is employed when you are not.

3. If you fail to get favourable order from the lower court you should approach the High court challenging the said order.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

you have to depsoit Rs 25000 before registry

2) payment of Rs 25000 is mandatory

3) only if you make payment would your appeal be heard

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1) if wife has not come to court with clean hands she would not be entitled to any reliefs

2) rely upon evidence in your possession to prove wife is working

3) if you are unable to work court would consider said fact while deciding whether maintenance should be payable to wife

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1“the procedure laid down under Section 125(3) of the Code of Criminal Procedure for getting compliance of the orders passed by the Magistrate under Section 125(1) of the Code will have to be followed

2) The procedure for getting compliance of the order passed under Section 125(1) of the Code of Criminal Procedure is available under Section 125(3) of the Code of Criminal Procedure, which runs as under :­

“125(3). If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for

every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month’s (allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,) remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made

to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this Section notwithstanding such offer, if he is satisfied that there is just ground for so doing.”

3) it is in interest of respondent to comply with court orders

4) if respondent has failed to comply with court orders warrant can be issued

5) respondent can travel back to india but it would defintely affect his travel and can be arrested for non payment

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1. The warrant of arrest can be issued agaisnt anyone irrespective of his place of stay.

2. if the W/A remains pending he can be arrested at the port of entry in india.

3.only if income of wife is proved and which basis the orignal order of maintenance is set aside the maintenance can be avoided.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. Court can issue warrant if you fail/refuse to appear before the Court and/or fail/refuse to obey Court order for payment of maintenance irrespective of the place where you are presently staying.

2. The Court can also order the passport authority to impound his passport and/or direct the MEA to arrange for your deportation through Indian Consulate.

3. If LOC is issued based on the warrant against the husband, he may be arrested at the Airport and produced before the Court from where he can get bail.

4. If warrant/LOC is issued against the Complaint of the wife, she does not have to do anything else, the action taken by the police like issuing warrant/LOC will automatically track the accused down to arrest him.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1)your husband british passport cannot be cancelled by court

2) if husband had indian passport it could have been impouinded by RPO

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

Could you clarify who has to pay this money and for what purpose is it required and also is it compulsory??

This order to pay the cost of litigation is made against the appellant.

The appellant, in order to enforce the court order has to deposit this amount as per court's direction.

If the order is not obeyed, the high court may dismiss the revision petition.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

If you have crpc125 maintenance order but husband is living in UK with British Passport can his passport get cancelled and what defect can that have if he travels to India would that be possible to come and go.

The passport cannot be cancelled for non-payment of maintenance amount.

The court may issue a non-bailable warrant against the defaulter on an application filed by the wife for collection of arrears of maintenance money.

He can very well travel to India and get back, there can be no restrictions for that, but if the wife comes to know about his program to visit India, she may alert the police by handing over the NBW to them to arrest him and produce before magistrate.

He has to be careful about this event.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

If someone lives in the UK can the warrant be issued on a crpc125

Would there be any action taken in England for this can he still travel back to India or would he get arrested for non payment. Any problems at the airport? The warrant issued would it affect travel e.g. airports? if he's seen by the other party eg ex wife then yes but what about if he doesn't see the other party whilst he's in India any problems

The warrant is issued agaisnt the defaulter on the basis of an application filed by the wife for collection of maintenance amount as per court order.

No action will be taken in England for this neither he will be arrested ion the airport by immigration authorities. However if he comes out of the airport, the wife with her influence ,may bring the police to the airport to get him arrested on the basis of the NBW issued by court. At that time, you may engage an advocate and recall the warrant by filing a petition under section 70(2) cr.p.c. This is just a possibility and it may or may not happen.

If your movements in India are a closely guarded secret and she is not coming to know about your program, then you can visit and return safely.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

1. No. If the husband carries British Passport, Indian court has no authority to impound the same.

2. If a British Citizen commits a crime, Indian court or law enforcing authority can initiate action against the said person by approaching the British Government to extradite the said person under Court order. It all depends on what shape the case takes and what order is passed by the Court.

3. If LOC notice has been issued against the said person, immigration authority may detain him at the airport on his arrival. However, these steps are taken in extreme cases and not in simple 125 case unless the said non payment despite repeated direction by the Court takes ugly turn.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1) take search in court records and obtain copy of orders passed by magistrate court

2) we cannot say why you can't access the orders on the website

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1. The employees assigned with the job of up loading the daily information might have messed up the thing.

2. However, do not go by the website information which might go wrong terribly.

3. yesterday I had a case at DRAT, Calcutta which as per the website was listed at sl.no.6 but in reality, I found it was listed at sl. no.1.

4. Engage a local lawyer to collect the information and use the internet information to cross check the information provided by your lawyer.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The e courts website are not being maintained properly these days owing to many technical reasons, it will take more time to stabilize all the technical issues resolved.

If you have to know the details you may contact your own advocate who would clarify the details by visiting court diary held in the court office.

If your own advocate is not cooperating then you may contact and hire the services of some other advocate who would be willing to do this on his terms

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

1) wife has to prove allegations made in her application for maintenance under section 125 CR pc

2) if wife has suppressed material facts about her income she would not be entitled to any reliefs

3) wife would not be granted maintenance claimed by her

4) a person who does not come to court with clean hands is not entiled to any reliefs

Ajay Sethi
Advocate, Mumbai
95220 Answers
7612 Consultations

5.0 on 5.0

1. Who has locked your access to the Court website?

2. Hope you have already engaged an efficient and trustworthy lawyer to handle your case.

3. You should challenge the ad-interim maintenance order before the appellate court.

4. Contest the permanent maintenance petition fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

For proving her case she has to rely on the evidences she may have listed in her petition.

However it becomes your duty to defend your interest by regularly attending the court or atleast properly represented by a good and skilled advocate so that you dont stand losing your case,

Actually she will not be winning the case because of her pleadings but she may win it using your absence or weakness.

Follow up the case regularly and properly through your advocate in case you do not attend the court on the dates of hearing.

T Kalaiselvan
Advocate, Vellore
85420 Answers
2239 Consultations

5.0 on 5.0

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