Recovery Petition for maintenance

Ria (Querist) 04 July 2009 This query is : Resolved
Respected Experts,

Mine is a divorce petition and Iam appearing party in person. I have received an exparte order against my husband.

Now the judge has asked me to file a recovery petition for maintenance against my husband as he has not been paying me interim maintenance since 1 year.

Since Iam appearing party in person and do not have the financial capacity to appoint a lawyer I will be highly greatful if you can give the foramat of a Recovery Petition for maintenance.

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Ria (Querist) 04 July 2009
Respected Experts,

Mine is a divorce petition and Iam appearing party in person. I have received an exparte order against my husband.

Now the judge has asked me to file a recovery petition for maintenance against my husband as he has not been paying me interim maintenance since 1 year.

Since Iam appearing party in person and do not have the financial capacity to appoint a lawyer I will be highly greatful if you can give the foramat of a Recovery Petition for maintenance.

PALNITKAR V.V. (Expert) 04 July 2009
Normally you get a printed proforma of execution petition. At the same time, you may also apply for striking out of his defence for his failure to pay maintenance.

SANJAY DIXIT (Expert) 05 July 2009
Dear Ria,
I think we are unable to understand your querry properly. Please clear-
1) whether the petition for divorce was filed by you?
2) whether the same was decreed exparte?
3) Which case you filed for maintenance (recovery of which case is required)?
4) What held in the maintenance case?

Ria (Querist) 05 July 2009
Respected experts,

1) Yes, the divorce petition was filed by me.

2) Yes, the divorce petition was decreed exparte after its was pending in the court for 5 years, as since 1 year my husband has not been turning up in the court and did not conduct my cross examination since 3 years, and since then the interim maintenance ordered by the court has been pending.

3) Recovery of interim maintenance not paid since 1 year.

a.manoharan (Expert) 05 July 2009
Dear Ria,
Follow the same format of Divorce Petition in which you just change the body of the divorce petition mentioning the grounds for the recovery of maintainanse. You can not recover the maintainance after one year. Hence do it fast. You are not unable to engage any counsel , approach Free Legal Aid Committee formed in all courts / districts