Civil Procedure Code (CPC)

Recovery of maintenance amount passed u/s125 crpc

This query is : Resolved 
 

(Querist)
11 October 2011

Dear Experts,

My ex-wife file maintenace case in year 2008 for her and child, i contested the appln. on stand that she was divorce as per muslim law in year 2005 hence not entiled to any maintenance u/s 125crpc is got remedy under muslim women act-1986. But she denied of valid Talak and not accepted by her. the lower court declared my Talak as invalid and allowed her appln. and granted maintenance to both.
I went to revision in session court during pendency of revision appeal she got remmarried to another man and suppress this facts, during final argument she file SC judgment maintenace to divorce muslim wife till she remarry. Session court taking this judgement as landmark decision and session court dismissed my revision appeal as she has not yet remarried etc...
thereafter she recover maintenance amount which was stayed during revision appeal by session court more than 50% amount was paid to her in installment and for child it was totall paid and month wise paying in Family Court under Execution petition of her, same session court and lower court judgement was produce in execution proceeding for recovery of arrears, in which distress warrant was also issued upon me for not paying at one time all arrears.
thereafter i learn that she was already remmarried in year 2010 but suppress before court, and i file cancellation of maint. amount petition before same family court where execution proceeding of her is pending and appln. for cancellation of warrant too on stand that she was remarried / adultry and played fraud before court and snacted my father name from child school and second husband name was given there whereas she was taking maintenance from me. However, she accepted my Talak pronounced in year 2005 to her and on that basis she got remarried. Now Family court stopped maintenane till further order on my application of cancellation of warrant in execution proceeding etc..

kindly advise,
1. I want to file recover of maint. amount she take from me after divorce u/s125crpc, whereas at that time no remedy to divorce muslim wife to file maint. appln. u/s125crpc. she got maint. award in year July 2009 since from April 2008 date of appln. Supreme court landmark decision comes in year Dec.2009 publishd in Febrauray 2010 in shabana bano vs. Imran khan earlier to this all divorce muslim women maint. appln. are under muslim women act-1986.
can i file for recovery of amount as she was played fraud and obtain maint. after divorce in year 2005.

2. daughter maintenance as well as she snatched my name as father name from daughter in schooling and corrupted her mind. on this ground to i can recover maint. paid in respect to daughter. (if it's so then let me know from begining or when she was admitted in school with her second husband name).

kindly advised is it possible under law to recover those maint. amount from ex-wife with respect to her and daughter on above ground. How do court react and proceeds as per law. in cancellation of maint. petition file by me is prayed to cancelled the main order of lower court and in execution prayed to cancelled the warrant and dismissed the proceeding. so my separate appln. of recovery is possible in eyes of law or should i wait for cancellation petition decide / final judgment comes.

pls. reply me soon.

regards & Thanks


Shonee KapoorOnline (Expert)
11 October 2011

1. You can file for recovery of maintenance paid after she got married, but not for all amounts. It would be a civil case, and would take many years, with low chances of success.

2. You can not recover this amount.

You should immediately file for cancellation of maintenance of wife.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ESTHERPRIYA (Expert)
11 October 2011

You have to file petition to cancel or to stop the maintenance order.

ajay sethiOnline (Expert)
11 October 2011

what is the amount involved.?

if amount involved is substantial and you can afford fees you can if you so desire file legal proceedings . but to recover amount it will take some years .

R.SHAH (Querist)
11 October 2011

Already i have file the cancellation of maint. amount and dismissed of execution proceeding of her to revover amount after stayed vacated.
i need to know that i have paid the amount for which she is not entiled as per divorce as there was no such remedy u/s 125 crpc for muslim divorce women, only u/s 3 of muslim women act 1986 having remedy to claim iddat maint. amount.
now she admitting the divorce between me and her happend in year 2005, which is before grant of maint. to her in year 2008.
if such amount was obtain on mis representation as a legally wedded wife of mine and at that relevant time no rememdy for divorce muslim women to claim maint. u/s125 crpc. How can i not claim for recovery as it order was not as per law and incure maint is not as per law.

2. Child name was changed by removing first husband name without permission of court or husband as all matter is in court of law. and getting monthly maint. from me as a father of child.
How can i not file recovery of maint. as it was not as per law.

kindly suggest.


regards

R.SHAH (Querist)
11 October 2011

in all 2,25000/-IRS.


prabhakar singh (Expert)
11 October 2011

All in all ,i think,you want to ask,if you can recover amount paid by you to her, wrongly??
The answer is subject to law of limitation.If the amount is well within three years from the date of payment suit can lie but in case of those amounts ,though paid wrongly,but are
beyond three years from the date of payment,suit shall be deemed to be barred by limitation Act.

2.In this regard you can file a suit of declaration that you are her father all records be accordingly corrected.

Biswanath Roy (Expert)
11 October 2011

You wait for final judgement. Law of limitation will prevail in ur suit for recovery.

SONI KARTIK (Expert)
12 October 2011

Sir, Say to sorry that there is no limitation applied. BECAUSE FROM THE DATE OF KNOWLEDGE , HE can file SCRA Before The Ho'ble High Court to nullify that decree and thereafter HE can with permission of the Hon'ble High Court file the suit of civil nature BUT HE HAS TO DRAFT THAT THE WIFE HAS MISGUIDED THE COURT OF LAW AND GOT THE DECREE KNOWINGLY.kisoni13@gmail.com C.No. 9586066605



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