There is a delay of 26 months of default in maintenance since Nov 2015 due to
(i) lack of follow up by our advocate (for about 10 months) inspite of our reminders.
(ii) judgement received in family court in favour of me in Aug 2016 for restitution of conjugal rights and our advocate advised not to claim maintenance because the husband may invite to join him and it is not preferable to embarass him by claiming maintenance at this juncture. So we kept quiet.
(iii) husband went for appeal in the high court in Jan 2017 against restitution passed in my favour.
(iv) we were also engaged initially in filing reply to the appeal filed by my husband in the high court in the restitution case.
Because of the above, we could not get the maintenance for 26 months. Now we have the following doubts:
1) Is there any limitation period to claim the arrears
2) The Lower court has sanctioned Rs.3000/- per month in 2011. The Lower Court has ordered restitution in Aug 2016. Now the restitution case is in High Court. Now in which court (Family Court_ Lower Court ) or High court do we have to file the execution petition to claim arrears.
3) Some opine that the Mainetenance order given by the Lower Court is valid only upto Aug 2016 i.e till the date of order for restitution passed by the Lower Court. Given the circumstance that my husband has gone for appeal in the High Court, is the maintenance order valid till date?
4) I have filed an appeal to the Maintenance order in the High Court for enhancement of maintenance amount from Rs, 3000 to Rs. 15000/- in Sep 2011 and the case is still pending and not taken up for hearing. At the time of filing the maintenance petition in the Lower Court and also at the time of appealing in the High Court for enhancement of maintenance, we had a poor evidence that he was employed as a Manager in a private firm. Now we have fresh concrete evidence that he is a proprietor of a trading firm and also we have concrete evidence of his income details. Because we have a fresh evidence of his income details which are substantially higher than what we knew at the time of filing maintenance petition in the lower court, do we have to file a fresh case for enhancement of maintenance in lower court or file an additional petition in the high court for enhancement of maintenance.
KINDLY CLARIFY ON THE ABOVE.
