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Priya   21 October 2021

Ep petition

hi

i have received my maintainance in december 2020,till now my husband didnt pay me any penny.instead he have moved the matter to the high court.but didnt get any stay.what can i do to get my maintainance,came to know that EP petition helps..more insights on this please.Another thing which my adv said was to file a defence strike off petition.kindly shed some light on that too



 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 October 2021

It simply means the process for enforcing the decree that is passed in favour of the decree-holder by a competent court. As per Rule 2 (e) of Civil Rules of Practice “Execution Petition” means a petition to the Court for the execution of any decree or order.

a comprehensive understanding of Rule 5 of Order XV that the true construction of the Rule should be thus. Sub-rule (1) obliges the defendant to deposit, at or before the first hearing of the suit, the entire amount admitted by him to be due together with interest thereon at the rate of nine per cent per annum and further, whether or not he admits any amount to be due, to deposit regularly throughout the continuation of the suit the monthly amount due within a week from the date of its accrual. In the event of any default in making any deposit, "the court may subject to the provisions of sub-rule (2) strike off his defence".

Dr J C Vashista (Lawyer)     22 October 2021

As the High Court did not stay execution proceeding it will proceed as per law.

Non-payment / non-satisfaction of EP do not attract "striking off " defence of judgment-debtor.

P. Venu (Advocate)     28 October 2021

Which is the Law under which the maintenance has been granted?


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