Limitation to recover maintenance

tj (Querist) 25 March 2012 This query is : Resolved
What is the limitation period to file execution for recovery of arrears of maintenance under section 24 of HMA? Can execution be filed even after divorce, if arrears have not been recovered?Can only one year's maintenance be recovered?

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Raj Kumar Makkad (Expert) 25 March 2012
No recovery can be made of the arrears under section 24 of HMA after the decision of the petition.

Shonee Kapoor (Expert) 25 March 2012
Rightly said.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

tj (Querist) 26 March 2012
But a Distt judge has allowed execution for recovery of arrears of interim maintenance granted 8 years ago, when application for execution has been filed after one year of divorce and issued show cause notice (for civil imprisonment) for non-payment.Any provision of law or judgment to convince to court?Thanks for advice.

Shonee Kapoor (Expert) 28 March 2012
Try www.indiankanoon.org

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

tj (Querist) 29 March 2012
Thanks. Its a good source of judgments.

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