Legal Notice On Section 128 CRPC | Vkeel - Free Legal Advice

Sourav Chakraborty

Kolkata

I have an arranged marriage on 22.6.2017. But my wife left me on 18.10.2017. She filled section 125 CRPC in kalyani court in West Bengal on August 2018. The court gave a final maintenance order of Rs.7000 p.m. on 05.02.2020. I applied for revision on 06.03.2020 in the session court of Kalyani. The court issued a hearing date on 08.04.2020. But due to covid 19 pandemic, I could not appear before the court and my lawyer also could not come. The court resumed on January 2021 and I got the next date of hearing on 05.02.2021. Meanwhile, my wife has filled section 128crpc in kalyani court on Jan 2021. I have not taken a stay order on section 125 CRPC due to covid 19 pandemic. What is now the steps to be taken to counter section 128 CRPC. Can an arrest warrant be issued on section 128 CRPC. Can I challenge the order of section 128 CRPC on session court? Please help

Expert's Answers(2)

Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

It would be imperative for you to obtain injunction on the orders passed by Trial Court as court can issue warrants for non compliance of orders. Secondly you must challenge the Petition. It has got to be done immediately to avoid inconvenience. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

February 2, 2021
Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

Hi, You can file for another appeal on different grounds if you believe the amount is too high. You cannot however, avoid paying maintenance entirely. Yes, an arrest warrant can be issued if there is continuous non-compliance with the order. In such a case, you can apply for anticipatory bail. If you found this helpful, please rate us.

February 1, 2021