Whether arrears under 125 (3) to be deposited for the period of 1 year only?
Raj
(Querist) 30 August 2015
This query is : Resolved
Sir,
My brother was asked to pay interim maintenance at the rate of 30,000 per month to hsi estarnged wife. The interim order was paased in November 2013 but his wife has filed the excution application u/s 128 crpc only in August 2015
On the Application u/s 128 crpc, the magaigstrate issued directions
"He is directed to clear the arrears of interim maintenance on the next date of hearing." which is 15 september 2015
125 (3) crpc defines that arreas of the mainatenance cannot be enforced for more than period of 1 year
My query is
1 Whether he needs to clear the arreas of interim maintenance only for period of 1 year ?
2 Order is silent up to how many months he has to clear the arreas of mainteance, it means that magistrate can execute the order without clarifying the order?
3 In default of payment for more than period of 1 year whether he can send my brother to jail (without exhausting the remedy of penalty of leying fine as per define under 421 crpc)??
4 If he asked to pay the remaining mainteance whether in that case revsions is maintainable??
please guide us
3
Rajendra K Goyal
(Expert) 31 August 2015
1. Yes.
2. Yes.
3. Depends on case / Magistrate.
4. You may file.
dr g balakrishnan
(Expert) 26 November 2016
Experts said okay; but it all depends how your advocate advocacy moves. if he fails greater problem to your brother; if succeeds relief is minimum; how can you take court orders so badly like demonetizing of rs 500 or 1000 rupees currency sir.
You need to pay all dues with right interest rates how can you presume, if court order is silent you need to pay arrears with interest? what kind of robust common sense you plead sir
Believe you want to cheat the petitioner that is what you prove, how can you be great innocent like ?
Guest
(Expert) 26 November 2016
Mr. Raj,
Your questions are quite astonishing and indicate, as if are of academic nature and not pertain to any real legal problem, as you could very well have asked these questions from your brother's lawyer fighting the case!
Anyway, the questions arise --
1) What is the basis of your presumption about arrears for one year, instead of the total arrears due from November 2015?
2) Where is question of any clarification by the magistrate, when no immunity is granted to your brother?
3) Why your brother wants to disobey the court order?
4) About revision, what the lawyer of your brother told him? Was there any specific reason that you have asked at this forum.
Rajendra K Goyal
(Expert) 26 November 2016
Author need to reply the questions from expert for further advice.
