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Deep Juneja   03 April 2016

Maintenance execution limit

Ld experts,

 

Please advise me on the following I filed RCR u/sec 9 HMA against my wife.

 

She replied with an application u/sec 24 HMA and maintenance was granted by the Trial Court.

 

I paid the maintenance arrears until January 2016 and the Court case continued.

 

Now after three months she again filed for execution of maintenance arrears.

 

If she is allowed to file execution petitions every month then she can file 12 petitions in a year and won't allow the Court to normally function.

 

Could you please clarify me how many times in a year can execution petitions can be filed by a wife?



 3 Replies


(Guest)

Please elaborate, what to do you mean by court to normally function?

 

1. A Execution Order is sought for payment of maint. arrears.


2. A Distress Warrant is issued in favor of lady to execute same via Jurisdiction PS.


3. Attachment of movable and immovable property is also an option.


4. Attachment of Salary from Husband's company / Govt. department (say work place) is another option.


5. Declaring P/O status of Husband is yet another option.


6. As per S. 10 Passport Act cancellation of Husband’s Passport is yet another time tested option before the Lady.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Here dues can be claimed for period of only 1 year.  Such dues can be claimed within max period of 3 years under limitation act.

Another thing here is, where ever you fail to pay, she can file execution petition under 125 (3) CRPC

Section 125 (3) of Cr.PC.
(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such
Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him.

Deep Juneja   04 April 2016

Experts,

 

Pl. be clear for answering my query.

 

I mentioned section 24 HMA and not 125 Crpc for execution petitions

 

Pl answer me now how many times in a year can execution petitions can be filed by a wife under section 24 HMA?

 

deep

 

 

sridher (system analyst)     05 April 2016

pay half of the interim maintanance every month then she cannot stop court proceedings, i have applied the same trick.the court also dont interfere. paying half amount is better that not paying total amount.

 


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