Execution of Maintenance
INDIAN LADY
(Querist) 04 July 2014
This query is : Resolved
Respected Experts , I have filed execution for interim in 125 two months back. On first date advocate of my husband given the vakaltnama to court. 3 days prior to execution in regular 125 suit , Judge asked him to make the payment but he replied he will pay on execution hearing date but again on execution hearing he just submitted the vakaltnama and taken the next date. For last 6 months his advocate is doing the same thing. Now my query is a) How long he can strech to not to give the payment b) what shoud I do now to recover the payment fast c) Suppose To put the pressure if I will file one more execution of 2 months only , will the court club with first one execution or it will run separate. D) as in the court if my advocate could not reach on time can I request to Judge to ask to advocate of opp. party to wait till my advocate is coming bcoz opp. Party advocate is taking the benefit to take next date on non presence of my advocate e) In absence of my advocate what shoud I ask to court for recovery in execution. Kindly advise
Devajyoti Barman
(Expert) 05 July 2014
1. Not much.
2. Press for issuance of W/A.
3.yes
4.take pass over and ask your lawyer to reach in time..
5.wait till your lawyer turns up.
ajay sethi
(Expert) 05 July 2014
he can delay proceedings much . file more execution applications . you can ask court to keep matter back till your lawyer turns up
INDIAN LADY
(Querist) 05 July 2014
Mr. Ajay Sethi : How we can stop him to strech the proceedings and to recover the maintenance amt fast
M.Sheik Mohammed Ali
(Expert) 05 July 2014
you can tell before the judge for release pending payment then only conduct the case further.
T. Kalaiselvan, Advocate
(Expert) 06 July 2014
On personal appearance before the court, you may insist for payment of arrears amount and then proceed with the trial of the case, you ask your lawyer to be on time in the next hearing so that the opposite party does not take advantage of the absence of your lawyer.
