Hii, if he do not pay court can issue its warrant of arrest to appear before court and pay the dues .. If the warrants are not executed , and he evades arrest he will be declared as absconder and an application to attach his property can be made to recover the amonunt ..
Domestic violence
My daughter is fighting a DVC case. She is awarded Rs 15000.00 monthly interim maintenance and arrears accrued to over Rs 3.00 lakh. There is an order by trial magistrate if the dues up to Jan 2017 are not paid before 3rd March 2017 the respondent no 1 (the husband) to under go one month imprisonment. It is nearly 6 months the dead line date had gone by, there were about 5 adjournments since then but magistrate is not sentencing (implementing the order) R1. R1 is abroad and had not attended even a single hearing. Being represented by a counsel only. R2 and R3 parents and R4 sister of m-in-law. R3 father is the GPA in Divorce petition proceedings still on in a family court. There is a special vakalat holder for A1 ( R1 in DVC case) in the 498A case in which A1 had not surrendered to the police nor the court. It was a surprise that the presiding officer allowed petition U/s 205 allowing Special vakalat for this absconder. Can you give clear guidance about how to make the R1 pay the dues and face the justice.
Asked 8 years ago in Family Law
Religion: Hindu
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11 Answers
Hello,
You can press for the same in the lower court and if lower court refuses to pass an order, then you can go ahead and file a writ petition under art 227 in the HC for getting a direction for the lower court.
Regards
1. The Magistrate should now issue warrant of arrest toimplement the order.
2. if he is in abroad and does not turn up to seek bail then lookout notice can be issued.
3.The same measure can be taken in 498A case as well.
4. Once warrant of arrest is issued no petition /s 205 crpc is to be allowed.
5.if it is allowed then challenge the order in higer court.
1) draw attention of court to fact that 5 adjournments have been granted till date yet R! has not complied with court orders .
2) mention that Rs 3 lakhs is due and payable and court orders are been flouted with impunity
3) request court not to grant any further adjournments
Whether court will order for deportation of the accused ( when bipartite agreement exists between the countries) when he resides in a foriegn country and is continuosly abstaining from court proceedings.
Asked 8 years ago
1) apply to RPO for impounding of husband passport as he is not appearing in court and has been sentenced to imprisonment
2 )enforcement of the Extradition Treaty would arise only when a person is a fugitive criminal and he has committed an extraditable offence and not otherwise.
3) A matrimonial dispute would not ordinarily come within the purview of the Act;
4)THE EXTRADITION TREATY The Extradition Treaty between the Government of Republic of India and the Government of the United States of America entered into on 21st July, 1999. It was published in the Official Gazette dated 14th September, 1999. By reason of Article 1 thereof the Contracting States agreed to extradite to each other, pursuant to the provisions thereof, persons who, by the authorities in the requesting State are formally accused of, charged with or convicted of an extraditable offence, whether such offence was committed before or after the entering into force of the Treaty.
Article 2 defines extraditable offence to mean an offence punishable under the laws in both the Contracting States by deprivation of liberty, including imprisonment, for a period of more than one year or by a more severe penalty.
Yes, the magistrate has the power to order it..
Deportation is the procedure which is not adopted by the court so easily, as told already you can go to the HC to get an order in your favor under, in this manner the case will be expedited.
Regards
In reply to your comment I can say that if you do not have enough money to hire an advocate for High Court, you can argue the case yourself. you can just take help of an advocate who can draft the case for you and then you can fight the case in-person and anywhich ways if you will search you will get good young advocates who are willing to fight for justice.
Getting justice is not a matter of money maam.
Regards
1. Seek warrants to be issued against RI and be executed through Indian High Commission in the country where he is residing.
2. The order of grant of exemption from personal appearance is prima facie illegal, more so as he is being allowed to be represented through a special vakalat holder, and should have been challenged in a higher court.
3. Unless R1 is brought before the court he will not pay the arrears.
The complainant's advocate should insist the court to direct the respondent to pay the arrears or to implement the court order failing to pay the amount ordered.
There is no such thing called special vakalat, may be his presence would have been dispensed with under section 205 cr.p.c. owing to his commitments in the local place.
Whether court will order for deportation of the accused ( when bipartite agreement exists between the countries) when he resides in a foriegn country and is continuosly abstaining from court proceedings.
The court cannot pass and order against the absconding husband.
The court may recommend procedures to bring him to India.