Response

The reading of the harder makes it clear that this is an order passed by high court staying the execution order of family court. This appears to be yesterday order passed in the appeal filed by the respondent in family court case in which has asked for reduction in the amount of maintenance ordered by family court. copy of the order of maintenance or interim maintenance and also expenses of proceeding given to a person on whom order passed. Order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the allowance or as the case may be expenses, due.

Proceedings initiated against any person in any district where he or his wife resides, or his last residence with his wife or with the mother of the illegitimate child.

Collection of evidence carried out in presence of the person against whom order passed for payment of maintenance. When such person is not present then in front of his pleader. Record in manner prescribed in summon-case.

Provided that if the Magistrate satisfied that the person against whom an order for payment of maintenance made willfully avoiding service, or willfully neglecting to attend the Court. The Magistrate determine the case ex-parte and also pass order. If any application made to set aside the order, then magistrate will examine it. If magistrate satisfied that reason in the application is in good faith. Application made within three months from the date of passing order. The Court in dealing with applications under section 125 shall have power to make such order as to costs as may be just.

Reference: Sub-section (3) of section 125 of code of criinal procedure provides that if any person ordered to pay maintenance fails without sufficient cause to comply with the order, the Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines.

202100223-20210039-987

LAWAYZ-2023-749