vivekjoshi 17 February 2016

Recovery of arrears u/s 24 of hma 1955 after 1 yr of divorce

Husband and wife got divorced one year back. During the Pendency of the Divorce case, the husband was directed to make payyment of Rs. 20,000.00 towards the interim maintenace. Husband claims that he was paying this money in cash to his wife. Wife never ever filed any recovery application during the pendency of proceedings. The court proceeded to grant decree of divorce. This case was going in the family court for almost 7 years.

Now after one year of decree of divorce the wife has approched the family court with Regular Darkhast claiming that husband did not paid the maintenace during the pendancy of proceedings.

Questions:

Can Such RD be entertained by Family Court ?

Whether a wife after termination of divorce proceedings claim the Interim Maintenace under RD?

Whether this claim is hit by law of limitation?

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4 Replies

Vijay Raj Mahajan (Advocate) 17 February 2016

The order u/s 24 HMA the application for maintenace during pendency of the mail petition, it means that till the date the main petition for divorce etc. is decided by the Family Court the order shall continue.

The recovery of the amount pending as maintenance pendentilite can be done within 3 years the time limit as provided under the Limitation Act.

The amount that was pending beyond 3 years will be hit by the time limitation clause and may not be allowed in execution by the Family Court.

(Guest)

3 years time limit. Classic case of woke up very late. Please check attachment of limitations act.

Attached File : 84464 20160217093257 423343795 limitation act 1963.pdf downloaded: 159 times

prabhakar advocate (advocate) 17 February 2016

Within 3 years, S.24 execution application can be entertained for the reasons as explained by Mr. Mahajan. Helpin Hand's explanation of one year is not applicable as that provision is Under Section 125 of Cr.P.C.