In today’s article we will know about the Code of Criminal Procedure. What action is taken for non-compliance of the order issued for maintenance under section 125?
Order is passed under section 125 of the Code of Criminal Procedure 1973 for maintenance of wife, child and parents and so Maintenance Of The order shall be payable from the date of passing of the order in whose favor the order of maintenance has been passed.
but to whom he is ordered to pay the amount of maintenance and on his non-compliance with the order of this maintenance of the court or refusal to pay the amount of maintenance, the applicant shall appear before the court on the date fixed for maintenance. In case of non-delivery, written request has to be submitted. On hearing of this application, the court against the opposition levy warrant issues.
Know this in more detail.
- What is Levy Warrant?
- How to write a prayer to the court for Levy Warrant?
What is Levy Warrant?
Before the Court for maintenance by a wife from her husband or by a child for maintenance from her father or by a parent from her child for maintenance under section 125 of the Code of Criminal Procedure before the Court The suit is filed before, and after satisfying the court that the applicant is unable to maintain himself, then the court passes an order to pay a fixed amount in respect of maintenance in favor of the applicant at the monthly rate. Can do
The compliance of the order of maintenance will be done from the date of passing of the order. If such order is not complied with, the applicant may make a written request for recovery of the maintenance amount before the court.
Court hearing such application and against the person who did not comply with the order levy warrant can issue.
On issuance of levy warrant, the person shall be produced before the court by the police officer, and he shall have to give a valid reason for not complying with the order.
How to write an application to the court for Levy Warrant?
If the amount received by the applicant under the order of levy warrant i.e. maintenance is not received, then for the recovery of the said amount, before the court for the issuance of levy warrant under section 125 sub-section 3 of the Code of Criminal Procedure, 1973. A written application has to be submitted. This application has to be submitted within 1 year from the date of passing of the order.
- name of the court,
- Name of the applicant/applicant,
- name of the respondent,
- case number,
- under section,
So now we know how to write a request letter.
Levy warrant regarding application
court sir (name of court) Sir,
Case No. –
Levy warrant to be made in respect of application
The request of the petitioner is as follows:-
- That in the above case the court Mr. (write the name of the court) order date of (date of order) The respondent was ordered by videallowance as prescribed) Pay alimony at the rate of per month.
- That the above order date (date of order ) date from (current date ) of total alimony (whatever amount) There is Rs.
- that the above command (date of order) bond by the respondent to date ( Rupee ) court sir (name of court) has been deposited in the head of the application, which the applicant has not yet received any amount.
- That the amount deposited above is a surety (amount) Balance amount after deducting Rs. (amount) There is money, it is necessary in the interest of justice to get the applicant.
- That the respondent is neither paying the above arrears of alimony to the applicant nor is appearing before the opposite court Mr.
Therefore, Sir, it is requested to kindly pass an order to get the arrears of the above alimony through surety (money amount) levy warrant to the applicant.
(name of the applicant)
- In the above application, the applicant had earlier deposited some amount in the court head. If no amount is received, this line will not be written.
- In the above application letter, you should write the amount according to your claim.
- You write the court, the date of the order and the amount according to your suit.
The court, after hearing this levy warrant application, issues order, by the petitioner. levy warrant form To be filled before the court and presented in the next scheduled production.