For arrears of maintenance

Querist : Anonymous (Querist) 27 May 2023 This query is : Resolved
whether the
petitioner can claim the maintenance above 12 months from the respondent

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Quick Summary

Generally, applications for recovering maintenance arrears are limited to a 12-month period. However, if the maintenance order was granted retrospectively from the date of the order, you can claim arrears from that past period. For maintenance arrears exceeding 12 months, a civil suit may be necessary.

kavksatyanarayana (Expert) 27 May 2023
Link not responded........................

Advocate Bhartesh goyal (Expert) 28 May 2023
Application for recovery of maintenance arrears can not be made for a period of more than12 months arrears However maintenance holder can file civil suit for recovery of arrears of more than 12 months.

Dr. J C Vashista (Expert) 28 May 2023
Well analysed, opined and advised by expert Mr. Bhartesh Goyal, I agree.

T. Kalaiselvan, Advocate (Expert) 30 May 2023
If the order was passed granting maintenance from the date of order, then the arrears pertaining to the past period i.e., retrospective period is very much valid, the petitioner can claim arrears of maintenance within one month from the date of orders.

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