Deekshit Kumar (private) 16 December 2021

Execution for arrears of maintenance for minority period by a major son

Hello Sirs,

A Decree was passed directing the Respondent to pay certain amount per month to Wife and 3 Children.

As the Decree was not complied, an execution petition was filed by Mother for Recovery of Arrears of Maintenance.

As sons have attained majority, they are not included in the Execution Petition by Mother.

But the last child has nearly 14 years of minority, where he was not provided any maintenance despite the order given by the court.

Now, at present, can that son file a separate Execution Petition claiming those Arrears of maintenance for his period of minority. Two sons are already majors by the time of filing the maintenance suit.

Your suggestion would be appreciated.

Thanks in advance

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2 Replies

Dipro Hajra 17 December 2021

The minor kid can file the execution petion for The arears of maintainance under section 125 crpc. But the other major kids are not eligible to get maintainance.,

Aryan Raj 18 December 2021

In response to your query,

Order for the maintenance of spouses, children, and parents, CRPC Section 125, 1973.
(1) If a person with sufficient resources neglects or refuses to support his

(a) wife, who is unable to support herself, or

(b) his legitimate or illegitimate minor child, whether married or not, who are unable to support themselves.

(c) his legitimate or illegitimate child (not a married daughter) who has reached majority, where such child is unable to maintain himself or herself due to any physical or mental abnormality or injury, or

(d) his father or mother, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly allowance which the magistrate thinks fit.

According to the above mentioned statute the minor child can file a petition for those missing arrears of maintenance.

Regards,

Aryan Raj

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