recovery of maintenance

manish (Querist) 10 April 2009 This query is : Resolved
recovery of maintenance was pending against petitioner (Husband), and he neglected to pay maintenance i m from the respondent, each date he brings 500 rs. or 1000 rs. therefore i made an application under cpc or 39 rule 11 but his petition was not dismissed Ld Magistrate told that i will not give judgment untill payment of maintenance what is the remedy to recover the maintenance

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Srinivas.B.S.S.T (Expert) 10 April 2009
Order 39 rule 11 C.P.C ????

manish (Querist) 10 April 2009

M. PIRAVI PERUMAL (Expert) 10 April 2009
I think the author has not given a clear picture . . . the query is confusing . . application under Order 39 Rule 11 before Magistrate ??? . .

Jithendra.H.J (Expert) 10 April 2009
full details required, as Piravi said query is confusing.

PALNITKAR V.V. (Expert) 10 April 2009
If the maintenance application was given in civil proceeding then perhaps application is maintainable u/o 39 rule 11. You can file execution petition for recovery.

adv. rajeev ( rajoo ) (Expert) 11 April 2009
First of all it is not clear whether the maintenance was awarded u/s 125 of CR.p.c. If it is so then u can file recovery petition u/s125(2) of cr.p.c.

RAKHI BUDHIRAJA ADVOCATE (Expert) 14 April 2009
Dear Manish u should file execution petition for the recovery of the maintenance amount.

PRAKASHCHANDRA MARU (Expert) 15 April 2009
author should clear that under the which law he applied for the mainatance the question create the confusion for the reply

manish (Querist) 15 April 2009
interim maintenance was awarded u/s 24 of Hindu marriage act and case is pending in family court mumbai

SANJAY DIXIT (Expert) 26 May 2009
It is a well settled law that the proceedings of the main suit will be stayed if the payments not made as ordered U/s 24 of HMAct. Dismissal of suit on the ground of non payment of interim maintenance is not available in the first instance.
For the recovery of arriers of maintenance you may move an execution U/o 21 R 43 or U/o 21 R 48 as the case may be.

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