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Anonymous

posted 1 month ago

Dear Sir/Madam,
I am having 2 cases in court 1 st case 125 crpc and another 498. In 1st case court has given order to pay him 8000/- per month but from past 1 yr he is not following any order of court and I have given application to cjm 4th for recovery then the judge is saying we are not responsible for recovery after 7 th months she is updating us put this recovery application in family court I am not able to understand why court is also harrasing victims that lady judge is supporting opposite party wrong deeds everytime didn't understand what to do and in another case more than 1 yr but still court has not made charge against my husband that case has not been started yet tell me what should I do in this scenario??
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A. Dear Madam, You can file an application under section 125 (3) Crpc before the same court were you had obtained the maintenance order. 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. In your case you had filed an application for recovery and the same was not taken on file by the court, if you have the returned application with you, you can challenge the returned application at High Court precisely stating all the facts . In your second case you can file petition at high court to expedite trial in 498 pending on the file of trail court for disposal of the case at earliest.

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Prakash B A

Experience: 3 Year(s)

Responded 1 month ago

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A. Dear client, It is a procedural law. Under Criminal Procedure Code if maintenance is not paid the claimant should file a petition for prosecution immediately . You should not wait for one year or more. If the opposite party i.e., your husband has no capacity to pay or negligent to pay he will be sent to prison for six months and thereafter he will be released from prison. There ends the matter and you will not get any maintenance. For second case you should file an application before the High Court to initiate the proceedings in an expedite matter. File an aplication before the concerned court to direct the police authorities to submit papers after investigation.

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sistla ramakrishna

Experience: 29 Year(s)

Responded 1 month ago

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A. If ur case on cjm first class or any other then approach to the high court

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 1 month ago

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A. Dear Madam,
You needs to have cellphone consultancy, bcz for ur asked questions about ur case nature and delay also claim pending has not yet received need in detail writing , which is not possible hereto keep writing to make case ok at court.
Hence better call to understand ur case and legal remedies asu awaiting yet.
Thanks

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Sanjay Kumar Jha

Experience: 17 Year(s)

Responded 1 month ago

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