(Guest)

Maintenance petition

Dear Experts Please advise the process to file petition for non payment of maintenance by husband. Filed 125 crpc in 2011 at district court, orders were passed for 3000 in 2015. When my advocate filed petition for arrears it got returned as it was not filed within one month of orders. Only 11m petition for current year was considered. Thrice my petitions were returned. Please advice if i need to file / appeal in high court or any procedure in district court only to recover maintenance. Secondly my 498a case is pending. Filed 406 for streedhan. Submitted gold bills but court said will look into if required to accept or not. I am yet to get my gold/silver,my docs n personal belongings. How to get them if court does not accept bills. Thirdly to my advocate I paid him his full fees when I hired him. Every visit his juniors take their fees. Advocate keeps asking money without getting my streedhan or maintenance. Now demanding 50000. else threatened to not file petitions. Please guide with your advice.

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11 Replies

ADVOCATE NITIN KAPOOR (Advocate) 02 December 2016

Note: Consering that aplication for the arrears of maintenace has been filed within the period of 1 year fromt he date of order granting maintenance under Section 125 Cr.P.C. [Time period is not expressely stated by you]

For the order of the arrears of maintenance, you can approach the Sessions Court in revision U/s 397 Cr.P.C. against the order of the magistrate as according to Section 125(3) Cr.P.C: "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". Also Hon'ble High Court of Delhi in "Manjeet Kaur vs Tej Pratap Singh on 20 February, 2007" has observed that: "A security of the provisions would indicate that petitioner's duty to make the application (to levy the amount) within one year from the date on which the amount became due and once that duty is discharged it is the function of the Court to take steps on it until it reaches its normal culmination". The similar view has been reiterated by the Apex court of India and other High courts.

Your bills and other Documents will be considered by the court at the stage of evidence in order to acertain the viability of documents adduced by you.

Regards,

Adv. Nitin Kapoor

8800692624

(Guest)

@ Nitin Sir. Thank you for the response. Orders were passed in Jan 2015. filed petition in Aug and Oct 2015 twice got returned. Again in Aug this year got returned for third time. Last month filed it for 11m only. 498a... started last year and my statement was recorded. Evidence is pending since long. Hope bills get accepted this month. Thank you.

1 Like

Mukesh sharma (job ) 02 December 2016

Hi Zoya i am agree here with Nitin advice if you could not recieve any maintaince from last one year or more and your lawyer not suggest you anything about this process than you first change your lawyer and file applucation in session court for and cour twill pass order for pay all due maintaince to you

and if it will not paid on time as set by court than court will issue arrest warrent so plz get help good family lawyer and go to session court

(Guest)

Since 2011 maintenance pending.

Zoheb Khatri (Practicing in Mumbai ZohebKhatri@gmail.com) 02 December 2016

First File application for condonation of delay mentioning reason why it took time for you to file execution petition.

normally court will accpet as it is provision regarding welfare of women.

A.V.Pattanashetti (Advocate) 03 December 2016

request ur advocate

P. Venu (Advocate) 03 December 2016

It appears that you adcocate is less than professional.

(Guest)

Thank you all for your advice. Will change advocate and file petition. The current advocate charged me high amount and did not ensure timely maintenance payment. I'm not sure if my belongings are safe and if they exist at in-laws place. Thank you very much.

A.V.Pattanashetti (Advocate) 04 December 2016

change ur advocate

sai narayana 04 December 2016

How much you paid to present advocate for maintenance case?

(Guest)

Dear Nitin Sir I had filed maintenance case in family district court. . You advised me to file for appeal in sessions court. The new advocate I met to file petition for arrears asked me to hire advocate of and appeal in High court. Please guide to approach sessions or high court for arrears and revision