Protection of women from domestic violence

Adv. Deepak (Querist) 25 November 2010 This query is : Resolved
Resp. Members,
In an application under S.12 of Protection of Domestic Violence Act, Court order maintenance from date of application without mentioning any time limit for payment or arrears. Within what time limit, husband is required to pay arrears. Husband is paying maintenance from date of order regularly. What action husband can anticipate from wife for not making payment of arrears immediately? What remedies are available to the wife for recovery of arrears? Regards.

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Devajyoti Barman (Expert) 25 November 2010
The isues of payment of maintenance and its recovery/execution are dealt with in the same way as that of proceedin u0s 125 crpc.

adv. rajeev ( rajoo ) (Expert) 26 November 2010
She may file recovery petition.

G. ARAVINTHAN (Expert) 26 November 2010
if no time for payment prescribed, then it is to pay forthwith.

If failed, wife can file application for arrest of husband

s.subramanian (Expert) 26 November 2010
yes

Arun Kumar Bhagat (Expert) 27 November 2010
Wife should file a mis.petition in the said case asking the magistrate to pass order for payment of arrears by the husband.