• Can arrest warrant issue for arrears in maintenance

Hi , 

In my dv case maintenance of 32k was awarded to wife after 1 year she filled case. however i am paying 25k monthly to wife and 1 yr arrears is accumulated. 

my wife filled for arreast warrant for recovery of arrears .. What will be action taken by court . can court issue arrest warrant ?
Asked 4 years ago in Family Law
Religion: Muslim

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32 Answers

Sir court can take action of.attachment of the property and later arrest for the execution of its order the court can order the collector to search for properties in your name and attach them for executing order if no such property.found you.can be arrested

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firstly after one year domestic violence does not lie if filed and secondly husbands cannot be arrested if maintenance not paid in DV cases. Judgements are there in both regards.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

In domestic violence act if maintenance is awarded the court cannot issue arrest warrant. Only in proceedings for maintenance under section 125 Crpc if you fail to pay amount as ordered court can order for issuance of warrant to recover dues from you. Under domestic violence act court can under Section 20(6) Upon the failure on the part of the respondent to make payment in terms of the order under sub‑section (1), the Magistrate may direct the employer or a debtor of the respondent, to directly pay to the aggrieved person or to deposit with the court a portion of the wages or salaries or debt due to or accrued to the credit of the respondent, which amount may be adjusted towards the monetary relief payable by the respondent.

Please confirm whether the maintenance awarded was under 125 Crpc or Domestic violence.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Firstly, Sir, as it must be the order of the court to pay the maintenance, and you have been complying of it.

Secondly, though there are chances that due to N number of reasons person may unable to pay sometimes.

Thirdly, there can be no warrant as if she wishes to take maintenance then she needs to file an application action in the same court for recovery of the remaining where the matter has been pending.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The Bombay High Court has ruled that a non-bailable warrant can be issued for the arrest of a man who fails to pay maintenance to his wife under the 'Protection of Woman from Domestic Violence Act'. ...

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Property standing in your mother name cannot be attached

2) it is better you make some payment of arrears before next date and seek 3 months time to pay balance amount on next date of hearing

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1) No, court can't order arrest warranty as you are paying partly monthly alimony.

2) You can ask for more time to pay sanctioned alimony amount court may grant you more time. One should give good reason why you could not pay full alimony.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) I have read your questions correctly and answered accordingly.

2) Court does not listen to one side, it's give decision after hearing other party as well. so court will listen your problems as well and will understand you as well.

3) when will court issue warranty against you ?

After passing 2-3 order and warning you to pay alimony in the court. besides this you have not listen and ignored court order and never paid alimony amount than court will issue warranty against you.

4) Here you are paying regular alimony every month, so need not worry, just think about good reason that why you could not paid full amount.

5) Give a big list of all excuses and you will pay remaining amount money in the next date.

6) You ask your lawyer to use digital Skype service and talk directly to judge and request them for more time at least 6 months to arrange money and continue every month what ever amount you are paying.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

1) Your query was Can arrest warrant issue for arrears in maintenance? That there are one year arrears of maintenance

2) you have to file reply to application made by wife

3) court can grant you time to make payment if you have made payment of some maintenance till date

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

Warrant of arrest can be passed by the court in case you do not pay. If you have paid anything as stated then file proper application and pay the balance amount. Seek adjustment from the court for the amount you have already paid to your wife. If you say that order is wrong then file an appeal.

You lawyer is right, if you pay something, then you can buy sometime to pay the rest.

Regards,

Jai Bansal
Advocate, New Delhi
198 Answers

5.0 on 5.0

my wife filled for arreast warrant for recovery of arrears .. What will be action taken by court . can court issue arrest warrant ?

Ans. Yes. If your wife hads filed an execution petition for the recovery of arrears of maintenance amount, you'll be served notice to appear before court and if you fail to do so, warrants would be issued in your name by the execution Court.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

can court take any action before next date ?? on next date my lawyer will be submitting my response saying we will deposit money in installment?

A. On the next date, your lawyer can appear before the court stating that the decree amount would be paid by you in installments, but the court would only grant your request if it finds your intentions to be bonafide, so in order to do that, you should keep a Demand Draft of the first installment handy on that date, which can be given to your wife on the next date in open court else court wouldn't allow such requests from your side.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1) She can't get residence rights as property is on your mother's and your name.

2) Till you're alive she can't claim on your property. Unless and until by your wish you give property on her name.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Wife cannot claim residence rights merely based on allotment letter

2) sale deed supersedes allotment letter and as per sale deed your mother is absolute owner of property

3) wife can claim alternative accommodation from you under provisions of DV act

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Lets be clear first. You are paying maintenance, if you stop paying there is a judgement husbands cant be arrested for non payment.

Secondly your wife can seek for property. Ask your mother to disown you from all her property and shares and everything, because you have never taken care of them. So the property gets saved and after completion tell your parents to revoke it. Otherwise everything remains same, its just a picture to be potrayed for a while.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Replying your second question yes your lawyer may present your reply and may pray before court for payment in instalment if the court allows you then in that case you can pay in instalment or the court can further make an order for the arrest warrant.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. Court will not action you will be given opportunity to be heard on next date.

2. Court shall give you opportunity to be heard your lawyer can pray before court for instalments citing you difficulties direct warrant shall not be issued, In case your lawyer fails to appear on time on that day then in that case court may issue warrant,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See your wife cannot ask for residence right in your mothers property and if the property is registered in name of mother then the allotment letter cannot stand further in case if your wife has stayed in the house with you as matrimonial home in that case she can ask but the best option here is your mother can take injunction against her from entering the property from civil court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

As the property is registered in the name of your mother your wife cannot claim any share or residence right in that property.

She can legally only claim residence rights from her husband which she cannot as your name is barely on the allotment letter and not on the registered deed of conveyance, thereby conferring no legal rights on the property. But, she can claim residence rights by way of monthly rent from you, and if you're not willing to cohabit with her.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

There is a difference of opinion for the arreat warrant by different high courts. Bombay high says yes to issue of NBW and Kerala HC says no to the same

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

1. application for arrest warrant will become infructuous once you submit to court that you are willing to pay the arrears

2. you can explain and give reasons to court why you could not pay the full amount as directed in the order

3. court may require you to pay the arrears with some interest for late payment

4. property is registered in your mom's name. Money was paid from your mom's account. so it becomes self acquired property of your mom. wife cannot claim right of residence in the self acquired property of mother in law

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

Even in the event of default in payment of arrears of maintenance amount, the court will not issue arrest warrant.

It will send notice and instruct the respondent to clear the arrears amount at least in two to three installments. If there is response for its orders, then the court may follow due process of law in this regard.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

can court take any action before next date ?? on next date my lawyer will be submitting my response saying we will deposit money in installment ,

The court will accept this request and may pass orders accordingly.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1) can court take any action before my date i.e on 1st august ??

Since you have been paying the maintenance amount continuously, the court will not initiate any stringent action on payment of arrears.

More so, no action will be taken before the next date of hearing.

2) on next date what action court can take ?? can court issue warrant ?? my lawyer saying we are paying something so no issue we will buy some time

Your lawyer is right, you may follow it up with your lawyer.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. You shall have to pay the maintenance as awarded by the Court.

2. The Court can issue arrest warrant in case it finds that you are evading compliance of Court order.

3. in the instant case, you have already been paying Rs.25 K towards maintenance, so, the Court might not iue arrest warrant if you can submit some cogent reason for your not paying the full amount of maintenance as directed by the Court and assure to pay the arreers shortly or within a specific period of time.

4. Contest the said application fittingly.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. If you have no property in India standing in your name, then the Court can not attach your mother's properties.

2. Submit a payment schedule to the Court for settling the arrears.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Is there any cogent reason for your not complying with the Court order in full?

2. you shall have to submit the said reason before the Court praying for allowing you to clear the arrears within a specified period in installments also with the assurance that you shall be paying the directed amount of Rs.32 K hence forth.

3. The Court is not likely to take any action against you without hearing you.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. Title of a property is decided based on the registered Title Deed and not based on the allotment letter.

2. Your wife shall obviously try her level best to claim that the flat was allotted to you also jointly along with your mother,

3. You shall have to forward your argument that the said allotment was erroneously made by the builder adding your name as the joint allotee which has been corrected later on by him as per the request of your mother since she has paid the entire consideration for buying the said property which was finally registered in her name only.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

Section 125 Cr. P.C. is a measure of social legislation and it has to be construed liberally for the welfare and benefit of the wife and daughter. It is unreasonable to insist on filing successive applications when the liability to pay the maintenance as per the order passed under Section 125(1) is a continuing liability.

2) As per Section 125(3), Criminal Procedure Code, the wife shall have to file an application within a period of one year from the date on which it became due. It does not prescribe that the Court is empowered to order for arrears of maintenance for the period of one year only

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Yes it can be filed. But the court will decide why the delay occured.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. Execution suit claiming maintenance amount for more than one year as directed by the Court can be filed and

2. Such application can be allows by the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

There are provisions for recovery of arrears pending for more than one year also.

However proper provision of law to be used for filing any such collection petition.

The citation what you have suggested is improper without any details about the court or case number date of disposal etc.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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