My wife filed a HMA 13B against me, and later followed it up with a CrPC 125. I live abroad, so going to the court to present myself again and again is troublesome for several reasons - super expensive for my low salary, hard to get multiple days off work at short notice of 1 month, and visa issues that don't allow frequent travel to India. In the CrPC 125 case, the Judge passed an ex parte order against me, and now the wife has applied for recovery. In passing the ex parte order, the Court obviously considered the summons executed. I have since petitioned for restoration of the case on the grounds that I never got summons - the summons were sent to my parents' place in India (and not accepted by them) where I have not lived for decades. I have 4 questions: Can I still ask my lawyer to go to the wife's recovery petition hearing and ask the judge to provide an injunction till my restoration petition is heard? What happens if/after the judge rules in favor of recovery? Will there be a recovery letter sent to my parents' place? What happens if they refuse to accept the letter? Will someone from the court be sent? Is it possible that police can be asked to help with recover? If so, what's the procedure?
Yes an application can be filed before the court seeking date and time pending the restoration application.
See in case court orders for execution and recovery then it will pass order of an attachment of property in your name or your arrest warrant.
There shall be warrant against you, and police can arrest you if you are in India,
1. I wonder when you are paying so many visits in India while your personal presence is not at all mandatory in the cases so far filed against you.
2. As long as the ex parte order of maintenance is not set aside the court is bound to take coercive action to recover the arrears amount unless you clear those dues.
3. If you fail to clear the arrears amount within reasonable time after receipt of summons the court would issue warrant of arrest and would put you behind bars till its full realisation.
You can request stay of further proceedings
2) if judge passes recovery order and you fail to comply your property can be attached
3) you must give your US address parents not bound to accept any recovery letter if you are not staying with parents
Yes you have to ask your lawyer to appear in execution petition if you have recieved the summons or court will pass Ex-parte order for attachment of your properties in India.
Yes if judgement of recovery suit is granted in favor of your wife then court can send police for attachment of your properties and give the property to your wife till recovery of pending amount.
It depends on the discretion of the judge if he stays the same. The amount of recovery will be recovered from you. It doesn't matter you accept or refuse it's a legal document.
Read 125(3), its not recovery petition its execution petition, a warrant can be issued against you for non payment and you can be jailed.
Hi
Immediately challenge the order passed in Sec.125 petition.
By providing details of your stay and prove to the court you are not in India during relevant period.
Authorize your Father or some one to attend court on your behalf.
There is every likelihood of staying the Sec.125 order.
More particularly when Sec.13B is under consideration.
However, when wife files Sec.125 petition by playing fraud, wife is not entitled to maintenance under said provision.
Good Luck
1) On immediately basis on give legal POA to your parents and ask your parents to visit in the court and without summons issued to other party how judge had passed Exparte order.
2) Secondly apply for appeal in the high court and maintenance amount to be reduced.
3) Now don't go for your case of restoration rights concentrate on this case only without summons how court passed Exparte order instead of dismissing case.
4) If the Exparte order is within time frame of appeal than police won't do anything. If not than court may issue warrant for recovery of maintenance money.
5) See how much court had passed the order to pay maintenance monthly. And make application that you will pay only 10% or 35% as of now and rest in next month....
Same thing you have to repeat and do not deny you will be paying amount to her not on immediate basis but little amount. Give proper excuses to court.
Dear,
File application through your lawyer for time extention as your restoration application is pending.
If your property is in India, your property will be attached for this recovery.
Your parent's has full right to deny court letters.
Recovery petition will deal on merit that you never informed of such order passed agasint you, so give you some time to apply for ex parte set aside and obtain stay on that order.
IF recovery ordered, than court will issue warrant or arrest.
Police only will recover if not paid, your PP will impound and extradite India.
You may have to file an injunction application seeking to stay the operation of the orders passed in the maintenance case till the disposal of your petition seeking to set aide the exparte order.
The orders for recovery may be sent to the sent to the same address what is known and given by the petitioner in the court.
If addressee is not found then she cannot do anything for recovery,she may have to wait for the respondent to appear before court and anser to her petition.
