D.v.act

Syed Ali (Querist) 22 August 2015 This query is : Resolved
Dear Sir, I have been paying maintenance to my wife since Nov, 2012. She made a last claim during Aug, 2013 and stopped it.

After a lapse of 2 years she now filed a memo in the court for recovery of arrears for 24 months.

My counsel says the case is lapsed if not claimed within 12 months. Is it true?. If so please give me relevant provisions/ section under D.V.Act.

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Anand Bali Adv. (Expert) 22 August 2015
Yes she cam claim it through court.
It was not claim from her side but in fact it was your duty to provide her maintenance as per her right to it. It was you who is responsible for non payment it was not she that she did not demand so you did not give, in all terms it is your liability for which you have to take care that it should regularly be handed over to her.

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