Can senior judgment debtor face civil arrest despite pending appeal?
I am the Judgment Debtor (JDR) in a promissory note case. A decree has been passed against me by the local SCJ Court for ₹36,00,000 (suit amount ₹18,00,000). The Decree Holder has directly filed an execution petition seeking my civil arrest. My appeal, along with a stay petition, is currently pending. I do not own any property or have sufficient bank balance to satisfy the decretal amount. I am a 75-year-old senior citizen. My wife is a cancer patient, fully dependent on me. I am a government pensioner receiving ₹40,000 per month, out of which about ₹30,000 is deducted toward bank loan EMIs. I also suffer from diabetes, hypertension, and sinus issues and require regular medical treatment. Considering these serious circumstances, please advise me on the appropriate legal course of action.
File objections in the execution case and oppose civil arrest. Under Code of Civil Procedure, arrest is not allowed unless you willfully refuse to pay despite having means. Inform the court about your pending appeal, old age, serious illnesses, dependent cancer-patient wife, and that your pension is mostly deducted and protected. Courts usually grant relief in such cases. For further legal assistance contact us on our helpline number.
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