Civil Procedure Code (CPC)


Sir namashkar
I am going through matrimonial cases since last six years. Case under 498, DV act has been dismissed both in trial and appeal but maint has been ordered in 125 (order date Oct 2018) and execution also have been filed for recovery of maint.Also wife filed revision in
HC for enhancement of maint.Ido not want to give maint.What I should do.Should I file sec 9

Sec 9 (RCR) when execution for recovery of maintenance? Hmm if you are salaried person then lot of problems and if you are unemployee and no property to attch then no probelm 



Dear sir,

If maintenance is order you have to comply with the court order. Now by filing section 9 petition you cannot aviod the maintenance already ordered.



Retired employee.

One can not do what ever he wishes, and it is the discretion of Court to decide as to whether maintenance has to be paid and if to be paid to what extent, wills and wishes are not of significance.  One can plead only why he need not pay maintenance as per laws.


You would have been served with the notice to her petition seeking enhancement of the maintenance amount.

You better challenge the same on merits and the documentary evidences supporting your justification.





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