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(Guest)

How to file execution to recover arrears of amount u/s 24

Hello Respected Experts..

1) Can you plz tell me the procedure to recover the arrears of the interim maintenance?? In the divorce case my husband has not deposited an interim alimony from last 4 months,when I asked to the hon'ble court for the arrears then they suggested me to file an execution for the arrears but my lawyer is not taking it seriously.So,plz help me.

2) Secondly, in th divorce case my lawyer only produced me as only witness in my case and close the evidence at my side.He didnt give another witness at my side...So, will it affect my case or it doesn't create any problem coz I m the only witness in my case and my husband has produced 2 more witnesses in his support.

Thanks in advanced...



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 16 Replies


(Guest)

First regarding arrears of maintenance. This is serious and you should insist on your lawyer to first file execution of areas application

Whether you only are enough evidence or nt dpeneds on what charges were put in suit and who filed it? And did you produce any docuemnts in your suit or in your testimony?

 

prabhakar advocate (advocate)     15 December 2015

Find enclosed execution petition. You have to fill up this application and attach certified copy of the court order granting you interim maintenance and affixe court fee (probably Rs.2 and paise 50 only) and file it in the same court where your order is passed. 

Your next query:  It depends upon your case.  It is not number of witnesses but the quality of deposition that decides the case.


Attached File : 213374 20151215121956 940208062 execution petition.doc downloaded: 122 times

(Guest)

Dear Kiranji advise and format given by Prabhakar sir should answer your queries and you shouldgo ahead with confidence.It is easy

LegalFighter (test)     15 December 2015

Hi Kiran,

 

Please answer the below questions:

 

1.Did you/ur husband file Divorce first? on which grounds?

2. Do you have children?

3. Are you working woman? how much you earn per month?

4. Whats the movable and immovable assets you hold?

5. Is your husband working? how much he earns?

 

 


(Guest)

The above questions areimortant. Howevere Since court has already ordered 125 maintenance it is immaterial what was written in plaint and who  filed case.Her issue is to get maintenance restarted that is illegally stopped by her husband.

Unless and till the time a civil court decrees otherwise while disposing divorce and related issues against her miantenance cant be stopped. 

LegalFighter (test)     15 December 2015

Dr. Rajendra:- As a lawyer or a citizen we should abide with the law and court orders.No deviation here.But at the same time we should not encourage the estranged wifes takes false actions only to torture husband and his family


(Guest)

What is illegal in spouse asking court to order restart maintenance stopped in violation of court order. Who is doing illegal act. Since matter is in court and we have no idea what is happening we need not comment if she is harassing her husband.That is very negative and biased approach. Let the honourable court decide truth.

"But at the same time we should not encourage the estranged wifes takes false actions only to torture husband and his family"

This is sweeping and highly unwelcome statement my dear friend. Let us focus on query only

LegalFighter (test)     15 December 2015

We don't need to ask questions to such wives like this if court provides justice.Republic of Indian government states it is a 'Court of law' not 'court of justice' . I believe you understand the difference. I can see that it is only a court of law in recent judgments of TN CM Jayalalithas case and Salman Khans case.

LegalFighter (test)     15 December 2015

We don't need to ask questions to such wives like this if court provides justice.Republic of Indian government states it is a 'Court of law' not 'court of justice' . I believe you understand the difference. I can see that it is only a court of law in recent judgments of TN CM Jayalalithas case and Salman Khans case.

LegalFighter (test)     15 December 2015

We don't need to ask questions to such wives like this if court provides justice.Republic of Indian government states it is a 'Court of law' not 'court of justice' . I believe you understand the difference. I can see that it is only a court of law in recent judgments of TN CM Jayalalithas case and Salman Khans case.

LegalFighter (test)     15 December 2015

Dr.Rajendra:- Supreme Court says 85% of 498a lodged in the past decade is proven false cases.Is that not Illegal? Men's suicide rate in the past 2 decades are more than women's because of these false cases. Is that not illegal?

LegalFighter (test)     15 December 2015

Kiran:- Please answer my questions before asking further queries.

(Guest)

@ Prabhakar advocate Sir : I am really thankful to you Sir, the format will be useful to me... Thank you !!!

 

 


(Guest)

@ tamilinian & Dr Gupta Sir: I humbly request you...firstly if you dont trust me and query I asked then plz no need to reply coz not all the time all the wives would be the same...I am actually contesting the divorce case filed by my husband I hav a baby and suffering alot no one is supporting me even my lawyers, if you think that I am like other wives only wants to fetch money from husband then it really hurt.I could have file 498a, DV or any other against him and his family but I never did coz I actually want to have happy family life but unfortunately he said for him marrage is just a formality.

So, here I only want if you really dont trust me or hav some other issues then not compulsory to reply my query but plz...at least dont compare me with all those such wives...it really hurts...and please never pass the comments until you actually have the real through knowledge about someone's case.

Every case has its own aspects...and circumstances...the rule of one cant be applied to the other...I really apologies if I have asserted anything wrong....but please...please...please...:(


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