Order vii rule 1 - execution petition
swetha
(Querist) 18 August 2018
This query is : Resolved
Dear Experts,
I am swetha. I filed maintenance case u/s ORDER VII RULE 1 against my husband. At the end of the case court ordered rs.8000 per month with arrears from the date of filing. Two years have gone after the order is passed. My husband has not given me the maintenance amount. He is asking me to wait till 4 years so that he will be able to give me ONE TIME settlement amount
My Question is:
If I wait another 4 years, and if he deny the maintanance after 4 years, Can I file EXECUTION PETITION? Because by the time 6 years would have been passed after the maintenance order is passed? Will my EXECUTION PETITION be eligible after 6 years?
Thanks in Advance
Swetha
Vijay Raj Mahajan
(Expert) 18 August 2018
You should not listen to your crooked husband, just file for execution of the due amount of maintenance otherwise after time limit for execution of the order and getting amount will go and you won't be able to recover the amount from him.
He had planned this just to avoid paying you the amount due and making excuses.
A. A. JOSE
(Expert) 18 August 2018
Unless there is any valid reason for you to delay the execution proceedings, it is not felt advisable for you to agree with the suggestion given by your hubby inspite of the fact that there is a time-limit of 12 years from the date of the decree for execution. It is prudent to act quickly if you are really serious.