Crpc 125
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
on crpc sec 125 order, judgement pass in year 2005, total maintaince recovery is about rs.5 to 6lakh, we flile recovery application us 125[3],but, they deposite some 5000 or 7000 rs, in one month, what we can file execution petition to receive whole amount in one short?
Devajyoti Barman
(Expert) 21 December 2011
The execution case can not claim arrears for more than last 12 months.
So you have forget the whole amount except the last one year unless there was any stay order in the interregnum.
ajay sethi
(Expert) 21 December 2011
if order for maintenace was passed in 2005 what were you doing for so many years ? why did you allow arrears to mount . you should have immediaedly made an application for recovery of arrears
Shonee Kapoor
(Expert) 21 December 2011
Agreed with Ld. Barman,
The courts are somewhat linient when the person is paying.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
adv. rajeev ( rajoo )
(Expert) 21 December 2011
Within one year you could have filed a recovery petn., to awarded amount. Now you cannot recover the old awarded amount, present you can recover
Raj Kumar Makkad
(Expert) 22 December 2011
If your successive applications seeking execution are pending then there is no need to worry. You can demand civil imprisonment for one month against the arrears of one month and get this process repeated.
I hope if he has capacity to provide heavy arrears in one go, he may pay it otherwise you have to forget.
Raj Kumar Makkad
(Expert) 22 December 2011
The limitation of 1 year is not applicable in case your applications seeking execution were made in time and those are still pending for disposal.
Devajyoti Barman
(Expert) 22 December 2011
Yes that is right.
But is this execution pending for such a long time?
If yes then move the court quite strongly.This is a abuse of process of court.
To avoid limitation of new arrears, file such claims in the same pending execution case.
Sailesh Kumar Shah
(Expert) 22 December 2011
yes, you can subject to execution petition is pending before the court.
