Exparte Order and reocvery of the permanent alimony.

Ria (Querist) 05 July 2009 This query is : Resolved
Dear experts,

The petition of divorce filed by me has been decreed exparte against the respondent.

The judge has granted me a lumpsum amount. How will I recover this amount ? Should I file a recovery petition or does the court have its own procedure of recovering the lumpsum amount granted via exparte.

Follow Query

Report Abuse

Ria (Querist) 05 July 2009
Dear experts,

The petition of divorce filed by me has been decreed exparte against the respondent.

The judge has granted me a lumpsum amount. How will I recover this amount ? Should I file a recovery petition or does the court have its own procedure of recovering the lumpsum amount granted via exparte.

SANJAY DIXIT (Expert) 05 July 2009
Dear Ria,
No court will recover decreed amount suo moto.
You have to move an execution petition under order 21 of Civil Procedure Code.

PALNITKAR V.V. (Expert) 05 July 2009
Mr. Dixit is right. Unless you file execution petition, you will not be able to recover amount. If the husband is salaried person, you may ask for attachment of salary. It is very effective method.

Jayashree Hariharan (Expert) 05 July 2009
you can recover the amount by fiiing execution petition.

Manish Raghav (Expert) 06 July 2009
the recovery of the amount can be made by filling the execution petition.

G. ARAVINTHAN (Expert) 09 July 2009
You have to file an execution petition along with the decree obtained exparte. court will order for notice.

After notice has been duly served, court will pass attachment of property and other assets etc.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now