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Kushi (DGM)     02 February 2014

Filing ia in custody case for recovery of arrears

Hi experts, 

I got divorced 2 years back under sec 12b, in the settlement agreement which is part of the final decree, my ex husband had agreed to take care of all the educational expenses of minor girl child and since he had given away his visitation rights, my daughter is with me. From last 2 years he has not paid the educational fees for couple of times & such times i have paid them. Now, he has filed a case for custody of minor girl child (9 yrs). During the cross examination (which i am only doing), I highlighted the point of non payment of fees to the court. Cross examination is still under process.Can i now file and IA with a prayer to direct the petitioner to reimburse the amount that i paid in last 2 years to me. Or i have to go for filing a fresh Execution case. Kindly suggest and advice me with appropriate sections and rules. 

Thanks 

Kushi



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