Maintannce amount -regarding
harikrishnan
(Querist) 31 October 2014
This query is : Resolved
Wife living separatedly from the year 2001 and she filed case for maintanace in the magistrate court during 2003 under 125 crpc and got order for Rs.2000/-pm during 2005. As per this order she claimed the maint.amount up to 2007. After that she has not collected the amount from her husband,since she is working in private shop.Because of this husband also not ready to give the maintance till date.However she filed new case under DV act for maintanance and got interium order for Rs.9000/- during 2011,but it was stayed by husband by session court.
In this situation, whether she is able to collect arrear amount from 2008 to till date as per the order under 125crpc,if so
is there any possibility for husband to file case in the HC against the order issued under 125crpc by saying & proving the present job of wife.(Sinec,at the time of issuing order during 2005 ,she may be unemployed ,but present situation is employed.Hence how long she will demanding the maint.amount by saying the 2005 order,by hiding the fact about her employment)
Devajyoti Barman
(Expert) 31 October 2014
not more than one year of arrear can be claimed.
ajay sethi
(Expert) 01 November 2014
she cannot claim arrears for more than 1 year
Rajendra K Goyal
(Expert) 01 November 2014
She can claim arrears for last one year.
T. Kalaiselvan, Advocate
(Expert) 04 November 2014
She voluntarily chose to not to claim the amount for that period and has now come with the fresh case, so contest the fresh case accordingly.
