Maintenance not paid by husband

Here are some relevant citations that may support your argument: 1. _Rajesh Kumar Singh vs. State of U.P._ (2017): The Supreme Court held that a wife can claim maintenance even if she had not done so earlier. 2. _Ramesh Chandra vs. State of U.P._ (2016): The Allahabad High Court ruled that a wife can seek maintenance even if she had not claimed it earlier. 3. _Sunita vs. Kumar_ (2015): The Delhi High Court held that a wife can claim maintenance even if she had not done so during the subsistence of the marriage. 4. _Rajesh vs. State of M.P._ (2014): The Madhya Pradesh High Court ruled that a wife can seek maintenance even if she had not claimed it earlier. 5. _Bhuwan Mohan Singh vs. Meena_ (2013): The Supreme Court held that a wife can claim maintenance even if she had not done so earlier. Please note that these citations are not a substitute for legal advice. Consult with a lawyer to understand how these cases apply to your specific situation and to get guidance on the amendment and argument. Additionally, you may want to refer to: - Section 125(1) CrPC: "…whenever any person, having sufficient means, neglects or refuses to maintain his wife…" - Section 125(3) CrPC: "…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." Remember to check the relevant laws, rules, and procedures applicable to your case.

Section 125 of the CrPC governs the law on maintenance to wives, children, and parents. If a person fails to comply with a maintenance order without any cause, a magistrate can issue a warrant for collecting the due amount or impose a jail term of up to one month per month of unpaid maintenance

However the time limit to claim arrears of maintenance under section 125(3) of the Code of Criminal Procedure (CrPC) is one year from the date the amount becomes due. After this period, a magistrate cannot issue a warrant for levying unpaid maintenance amounts. However, a civil remedy is available for recovery of arrears beyond the one-year period.

Sir, could you please provide more details regarding the cases, I am unable to find them. 

Dear Kalaiselvan,

Thanks for the details.

Just one question, will this same procedure apply for Interim Maintenance pendente lite under the HMA.

In my case IA interim maintenance under divorce has been filed and ordered Jan 2020.

The opposite party after a long time filed an Execution Petition for Civil Arrest in Jan 2024 (after 4 years after the interim maintenance order is ordered).

Is this EP sustainable based on the time limit ?