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Web Crawler (Consultant)     10 January 2015

Interim maintenance order

How much time is allowed for the husband to respond to the Interim Maintenance Order before Execution proceedings can be initiated?



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 10 Replies

Rajiv kumar (abc)     11 January 2015

One month Time for revision in higher court

Execution proceedings may be started with in six months or more ,  depends how other party is crying and begging in the court. 

Basically you need to show your intention to pay and to get court favour (practically ), better pay little after six month or one year , anticipate the situation 

Arrest warrant would issued when execution proceedings under 125 crpc would filed, So till then relax and try to increase your income

Web Crawler (Consultant)     11 January 2015

Rajiv, thanks for the info. Here are some questions against your points:

One month Time for revision in higher court

- Is it from the date the order was issued? What if the husband has not seen it?

Execution proceedings may be started with in six months or more ,  depends how other party is crying and begging in the court. 

- How early can the execution proceedings be started ?

Arrest warrant would issued when execution proceedings under 125 crpc would filed, So till then relax and try to increase your income

- What is the recourse if the husband does not have sufficient income?

 

Web Crawler (Consultant)     11 January 2015

Are Execution Proceedings always filed u/s 125 CrPC?

Rajiv kumar (abc)     11 January 2015

Are Execution Proceedings always filed u/s 125 CrPC? yes

Is it from the date the order was issued? yes ,

What if the husband has not seen it? ( not a valid excuse, however ur revision wud be accepted after application)

How early can the execution proceedings be started ? right after being defaulter for first month

What is the recourse if the husband does not have sufficient income? File revision ( rarely accepted) otherwise behind bars, better pay whatever you can , believe it is an accident and you need to get out of it 

Web Crawler (Consultant)     11 January 2015

How much time is available from the order date to file a stay & appeal in HC?

Web Crawler (Consultant)     11 January 2015

How much time is available from the order date to file a stay & appeal in HC?


(Guest)

30 days from receipt of order copy

Web Crawler (Consultant)     11 January 2015

>>30 days from receipt of order copy

- Receipt by whom (husband or husband's lawyer)?

- What happens if it is not filed in 30 days?


(Guest)

Anyone (husband or husband's lawyer) after all husband has to sign the form to get certified order copy from court.

if it is not filed in 30 days then appeal / revision period lapsed

Then you have to follow the court's order.

Web Crawler (Consultant)     12 January 2015

What happens to the order if the divorce case is withdrawn?


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