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Narayandas Vaishnav   16 March 2023

Crpc 128 filed after 5 years

I have filed divorce application under cruelty ground in 2015. My wife filed section 9 and 125 for maintenance. 

The Maintainance order was passed in January 2018 that maintenance to be paid from the date of application i.e. 2015. Husband started giving monthly maintenance.

After 2 months Wife filed recovery application for arears.

Rs 1 lakh were paid towards immediate 50% amount of arears recovery application.

But in May 2018 due to family settlement the Divorce application was withdrawn and husband wife agreed to live together happily.

And cases stands still.

In October 2019 wife leaves husband and starts living with her parents. Inspite of continuous follow up wife refuses to come.


In March 2023 wife filed application under Crpc 128 for recovery of arrears of earlier maintaince order.


Please guide whether now Crpc 128 is enforceable. Does it have any limitation. And whether wife is eligible for old arear or she shall file fresh Maintainance application? 


 4 Replies

T. Kalaiselvan, Advocate (Advocate)     16 March 2023

the proceedings for enforcement of the order initiated under Section 128 of the Code pursuant to the application would be barred by limitation being beyond the period of one year from the date of order under Section 125(1)

Hence you can file a counter to it and seek the court to dismiss her petition for arrears of maintenance.

1 Like

Narayandas Vaishnav   17 March 2023

Thank you Sir.

T. Kalaiselvan, Advocate (Advocate)     17 March 2023

You are welcome for your appreciations 

Shashi Dhara   22 March 2023

Defend  it in court with your advocate to dismiss the execution.

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