Can wife file execution in dv case order?


In DV case magistrate ordered 2000 per month till death in 2011.  From that day till today the wife has not claimed any money.  She has not filed execution also.  On the contrary I have filed revision against that order of 2000 per month till death in same court.  Neither the magistrates are interested in moving the case, nor the wife is appearing in revision case.  Nor are they filing execution for 2000 ordered.  Can wife file execution even today?  She is educated and working woman which is proved in same court already in 2011.

Can wife file execution now?

 
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Dear querist,

You have to proceed with revision filed. As she is working and educated she will not be entitled for maintenance.

Regards,
 
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Lawyer

1. You have called/ invited new legal problem for yourself by seeking review of order.

2. Only higher Court can entertain revision which is not maintainable after 9 years of order of maintenance passed in the year 2011.

3. Execution of order is maintainable for one year only and not since the date of order i.e., 2011.

4. What is the opinion and advise of the lawyer engaged / paid by you ??

 
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Originally posted by : Dr J C Vashista
1. You have called/ invited new legal problem for yourself by seeking review of order.

2. Only higher Court can entertain revision which is not maintainable after 9 years of order of maintenance passed in the year 2011.

3. Execution of order is maintainable for one year only and not since the date of order i.e., 2011.

4. What is the opinion and advise of the lawyer engaged / paid by you ??

There is a difference between revision and review.  Review is looking into whther the order is proper or not.  Revision is chaning of the order from previous state to new state.  In my case I have filed revision.  Not review.  You are slightly better than my advocate, but not replied to the problem at hand fully.

Arrears can be claimed for only 1 year, that I also know.  But all these years the party has neither bothered to ask for the money nor has filed any application asking court to get the money.

I however have paid 4 lakhs in 2011 itself which she took and never came to court.  Appeal against the 2000 rupees filed in sessions court and dismissed where I paid 4 lakhs for settlement of divorce as per judge intervention.  The judge dismissed the appeal but ensured that I paid 4 lakhs and unfortunately passed away after dismissing my appeal.  He did not help me in getting divorce.  The wife made good with 4 lakhs.

I then filed revision petition in same DV crourt as the DV court has power to revise its own order.  Since  m agistrates keep getting transferred the case has seen lot of magistrates and dragged up to 2020.

In between 2011 and 2020, 8 advocates have merried on my money..

 
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LAWYER

If you r wife is not appearing before DV case.  File dismissal application

 

 
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