Trinadha Rao (NA) 07 June 2010

Execution of maintenance under various Sections?

Dear Experts and Well Informed Forum Members,

Please Explain the Execution Process for Default of monthly maintenance amount Order under various Sections of CPC and CRPC eg:

1.Section 24 and 25 of HMA,

2.Section 18 and 20 of HAMA,

3.Section 125 of CRPC,

4.Under DV Act.

The Questions are:

1.Does for Execution Petition in the Court one need to spend money once again?

2.Does it is Executed immediately or any time lag is their?

3.In case a arrest warrant is issued does it is implemented strictly or can be managed with person who comes to arrest?

4.If at all the Person is arrested Once does that arrest exempt him to pay the amount for which he was arrested?

5.Above all if the the person is habitual Defaulter what the Court do?Does it requires to file Execution petition every time and how much cost and time every execution petition takes?

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 07 June 2010

Every petition/application filed in the court takes its own time for execution. You cannot expect that if you file an execution petition today, it will be executed tomorrow, because court has to go by the procedure prescribed by law. When any EP is filed, notice is issued to the other party. When the opp. party appears he files his SAY to the petition. In maint. cases you can go for attachment of salary of the husband. Also under the Crpc, distress warrant is issued or arrest warrant is issued against the husband. The Crpc provides for imprisonment for one month for one month maintainance default. In civil maint. cases the property of the husband can be attached and sold to recover the maintainance amount. In case of immovable property, the applicant should file the property extracts of the property.