Priya 30 August 2022

High court appeal challenging mainataince order

Hi,

I was awarded maintenance in the year 2020 December , and to my daughter. But my husband haven't paid a single penny till date and we filed an execution petition now.Parallely he filed an appeal to the high court challenging the lower order.My question is howmany times can a husband file the appeal in the high court, as he already did it once and it got dismissed for non-prosecution.Please help

If yes,how do we stop him from appealing again and again and get maintenance immediately

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Quick Summary

A user is seeking advice regarding their ex-husband's repeated appeals to the high court against a maintenance order granted in 2020. Despite the husband having never paid the maintenance and an execution petition being filed, he has lodged a second appeal after a previous one was dismissed. The user wants to know how many times such appeals can be made and how to prevent further delays in receiving the maintenance payments.

3 Replies

Adv. J Fernandes (ADVOCATE and ALTERNATIVE DISPUTE RESOLUTION SPECIAL ) 31 August 2022

Maintenance is covered under law under section 125 criminal offence if not given , apply for an execution petition or consult the lawyer who has fought your case of maintenance . and file an execution suit

Sunita Sharma (Lawyer) 01 September 2022

Nice posting done by the author. All section for maintanance explain well. Best Divorce Lawyer In Gurgaon Keep posting.

Priya 01 September 2022

We have already filed execution and i m getting dates for it.Meanwhile my husband reopened the dismissed file in the high court challenging the same .This is the second time that he reopened the file in the high court.