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But in May 2018 due to family settlement the Divorce application was withdrawn and husband wife agreed to live together happily.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