Execution of interim maintenance in appeal
Kavitha SG
(Querist) 19 April 2019
This query is : Resolved
Hello Experts,
I have filed an application for execution of decree U/o 21 R 10(2) of CPC for the sec 24 interim maintenance of appeal in the District court.
We have received my husband's salary certificate from his company. Now the matter for order to attach the salary.
But the lawyer of my husband is asking to adjust the maintenance with sec 125 crpc application where as in 125 interim maintenance order the Hon'ble court has already mentioned that the order of interim maintenance is passed in addition to the interim maintenance of sec 24.
Now, Please let me know ;
1) As the interim maintenance is granted by considering all the facts and in addition to the sec 125 crpc. So, in its execution, does maintenance get adjusted ?
2) I have already submitted all the facts into the court with proofs but still court is biased towards my husband and delaying to attach the salary.
(Note : in sec 125 crpc though the interim maintenance is grated but still my husband has not paid a single penny from last 6 yrs.)
3) Please help with citation, if any.
Please check and advice.
Thank you !!!
Dr J C Vashista
(Expert) 20 April 2019
The role/authority/function of an executing court is totally/exclusively different to the amount entitled and decreed.
Consult your lawyer for proper guidance and proceeding.
P. Venu
(Expert) 21 April 2019
An executing court has no authority to go behind a decree unless it is without jurisdiction.
