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.
Adv. Nitin Kapoor
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
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.