Maintenances
Akbar Khan
(Querist) 22 May 2012
This query is : Resolved
Sir,
My wife applied for the maintenance of our baby in December 2009 as she her self is working lady & order was passed for Rs 2000/- on December 2010 with effect from date of filing of the application.Now in January 2012 they applied for execution & till date no notice is served to him.So,kindly advise what and from what time i have to pay the maintenance.
Arvind Singh Chauhan
(Expert) 22 May 2012
If there are three files on motion as for Dec 2009 to Dec 2010, for Dec 2010 to Dec 2011, for Dec 2011 to Jan 2012, you have to pay accordingly.
If she has claimed once for for Dec 2009 to Jan 2012,You are liable to pay only Rs 24000/-, because amount for more than one year is not recoverable, As Proviso 1 of Sec 125(3) says.
Morally you should pay as it is for your child.
Akbar Khan
(Querist) 23 May 2012
Sir,
I am ready to pay even more then this but I know she will use it for some other case against me.As she herself is a Class A officer.Even though I am depositing the amount monthly in an account in the name of my baby.
It is one file from Dec 2009 till date & now execution of same.
ajay sethi
(Expert) 23 May 2012
you ahve to comply with court orders . send demand draft for entire amount
Akbar Khan
(Querist) 23 May 2012
Sir,
They have applied for execution & i am read to pay but notice not served to me yet,& for how much amount i have to make DD.
Shonee Kapoor
(Expert) 01 June 2012
If the execution is filed in 2012, you would be liable to pay only for last ONE YEAR.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com