victim of dowry (victim of dowry) 10 June 2014

Maintainance

i got married in 2006. and due to constant torture and dowry demands I left my husbands house 2009. My husband never enquired about me and never paid a penny for me or my children. Till 2009 I was working and moved to my maternal place. A petition for maintenance was appealed in 2010 Dec and interim was awarded for Rs. 15000( 2 children and myself).

Kindly advise can i claim for the maintenance from 2009-2010 aswell because my parents had to bear all the expenses for that. Is it possible that with final maintenance , arrears can it be appealed and awarded.

kindly I have withdrawn my maintenance since I earn Rs 20,000 in a school and my Husband earns close Rs. 1.75 lakhs per mnth.

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4 Replies

Arvind Singh Chauhan (advocate) 10 June 2014

file application for the realization of that amount in court.

Adv. Chandrasekhar (Advocate) 10 June 2014

Maintenance will be awarded either from the date of application or from the date of order, which the court decides and spells out in its order. If arrears are there, you should file execution petition immediately without waiting for the final order. The question is that at the time of filing the maintenance petition, whether you honestly mentioned that you were working and earning about Rs.20000/- and if so, after knowing that fact the court awarded that amount, then file execution petition to realize the amount.

satish bhaskar (Litigant) 10 June 2014

You cannot claim for the period before your application.

T. Kalaiselvan, Advocate (Advocate) 10 June 2014

Rightly observed by experts that you will be eligible for maintenance from the date of application and it is the discretion of court to order the maintenance either from the date of application or from the date of order. Since you already have an order in your hand, file a petition for collection of pending amount immediately. Don't keep wasting your time of unnecessary isues or on misguidance by others in this regard.

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