Section 125(3) in The Code Of Criminal Procedure, 1973

(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 allowances 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:

2) in short under section 125 (3) magistrate may issue warrant against you for failing to comply with court order as to maintenance

3)if you fail to attend court court can pass interim orders for maintenance

4) you must contest maintenance proceedings taken out by wife

Hello,

1. I am unable to understand as to why two cases for maintenance have been filed against you, can further tell you in detail after seeing the file of the cases filed.

2. Yes if none appears ex-parte order will be passed against you.

3. In this case I do not think that LOC will be issued by the court, though if you do not comply with the order execution proceedings can be filed.

4. No that is not a good idea, in my advise you must settle the matter mutually with the other party.

Regards

Application for maintenance under subsection 3 of section 125 of the code of criminal procedure is for interim maintenance order. A wife can file petition under sub section 3 of section 125 for interlocutory order. The court of Judicial Magistrate of the first class is bound to dispose of enterim maintenance within 60 days from the date of its filing. You have right to challenge both the petition simultaneously on the ground that your wife is not entitled for maintenance. according to sub Section 4 of the section 125 if wife is guilty for matrimonial acrimony she cannot claim maintenance under section 125.

(3) in crpc 125 comes into operation once a person fail to pay maintenance already ordered by Court. Since, in your case no maintenance has been granted by Court, there's no question of 125(3) coming into play. Multiple maintenance cannot be granted simultaneously.

Court will proceed exparte only after presuming sufficient service on you and this subsequently depends on the service report which the process server files in the court. To know the exact status, you may get the case file inspected.

1. It appears it is execution case filed under section 125(3) crpc to recover the arrears maintenance filed in the main case.

2. Yes do contest the cases by engaging an advocate.

3. No unless you defaulted in clearing arrears maintenance.

4. No, not at all.

1. Have you got copies of the plaints of the cases filed by your wife? Section 125 (1) of Cr.P.C. is for claiming maintenance from husband/son whereas section 125 93) i.e. sub-=section 3 of section 125 of Cr.P.C. is for praying for issuing warrant on the husband/wife for breaching the order of payment of maintenance already issued. You shall have to go through both the plaints of the cases to understand why application u/s125(3) of Cr.P.C. has been filed. Is it that there has already been an order upon you to pay the maintenance against the application filed by her u/s125 of Cr.P.C?

2. My personal opinion is that there is no benefit in refusing to receive court notices since the post man can write on the envelope 'refused to receive' and in that case it will be treated as good service.In that case the matter may be directed to be heard by the Court ex-parte. You shall have to find out as to what is the status of the said case. may be that the order has gone against you and they have further filed an application u/s 125(3) of Cr.P.C,. for issuing arrest warrant against you.

3. Judge can issue warrant if his order (may be ex-parte) to may the maintenance is not complied with by you and if police fails to submit you before the Court declaring you absconder, the the Court might issue LOC notice against you. However, these are assumptions only and you should find out from the Court as to what exact order has been passed by the Court in the said application filed against you u/s125 of Cr.P.C.

4. I have already informed earlier that I do not contribute to this idea of refusing to receive Summons since it might back fire also as explained above. Find out the status of the case filed u/s 125 of Cr.P.C. which will clear the cloud.

You may ask your lawyer to appear if that is the HC order as stated by you.

You may challenge the said proceeding in the Higher Court.

Yes that is true, court will not issue any LOC if you mark the presence (through lawyer).

Regards

1) engage a local lawyer and file your detailed reply

2) enclose copy of HC order

3) your lawyer has correctly advised you

4) your personal presence is not necessary on all dates

5) if you fail to comply with court orders then only warrant would be issued

Future notice to this matter or all related matter as well? This is a different case in a different Court, where you are yet to file a Vakalatnama. Thus, when you've not engaged any Lawyer only, in this case, how does the HC order helps you?

Ask you lawyer to appear and seek an exemption of your personal appearance. Ask him to take recourse to the High Court order.

Please let me know in case you need to know anything else.

Best,

Two maintenance petition cannot Run concurrently in two different districts. in this scenario you should prefer a revision against the petition subsequently file. File an application before the court of sessions against the subsequent maintenance petition because This petition is liable to be dismissed. Doctrine of res subjudice is also applicable in proceeding under section 125 of the code of criminal procedure.

1. If both the maintenance cases have been filed on the same day then In fail to understand how maintenance u/s 125(3) was filed since it is for issuing of warrant in case of non compliance with court order directing the husband to pay an amount towards maintenance to his wife.

2. You have got the High Court order for over seas travel against the 498A FIR registered against you depositing Rs. 2 lakhs in session court to pay maintenance if order in future.

3. it appears that she is aiming to get an ex-parte order of maintenance and if you fail to comply with the said order being ex-parte, hew will try to get an warrant issued in your name.

4. Let your Advocate appear before the Court and file an application waiving your regular appearance based on the fact that you stay abroad to earn your livelihood and you have been allowed by the High court to travel abroad for the said purpose.

5. Get the copies of the plaints served upon your lawyer and understand her claim and plan of action tom contest the cases filed by her fittingly.

6. the question of issuing arrest warrant comes only when you fail or refuse to comply with the order passed by the Court.from

1. In my opinion she might have filed maintenance case in two different places under the same provisions of law by suppressing the fact of filing such cases before both the courts. Cr.p.c. 125 (3) provisions is :

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 allowances 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. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.

2. If the notice was not served properly on the respondent, then the court may ask the petitioner to furnish proper address and issue fresh notice.

3. LOC cannot be issued for not serving the summons under section 125 cr.p.c.

4. You can remain silent till the time you are receiving the summons

Anyway if I get my lawyer to appear and fight CRPC 125, do I have to attend court as well? I don’t want to attend if I don’t have to? What other remedies do I have?

I believe court will issue warrant or LOC only if I don’t comply with an order to pay the said maintenance.

In the event of receiving the summons from court for the case filed by her under section 125 cr.cp.c. you can give vakalat to your advocate and may file a petition under section 205 cr.p.c. seeking to dispense with your personal appearance on the lines of high court in an earlier order on the same grounds.

You may follow the advise of your advocate which seems to be a better guidance