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Amo (non)     06 May 2016

Maintenance recovery petition and its time limitaion

Dear Respected members,

I want to know the time limit to file the recovery petition after the Maintenance Order is Passed. Also do a Husband have to pay all the arrears if the recovery petition is filled after 3 yrs of the Maintenance Order???

Case in Brief:- Wife gets the maintenance Order in Oct 2012. 

Files revcovery petition which is not served upon the Husband.

She withdraws the same in May 2013.

Both had applied for MCD but it was dismissed in default due to non presence of the wife in Dec 2013, 

 Husband files Divorce case in April 2014 which is still at counselling stage. 

Now in April 2016 she again files RECOVERY PETITION for the arrears from Oct 2012 till date.

What are option available with Husband. 

 



Learning

 4 Replies

jagannath magar   06 May 2016

Please mention maintenance order under which section?.if it is as per crp

jagannath magar   06 May 2016

Crpc 125 has time limit of one year

jagannath magar   06 May 2016

Crpc 125 has time limit of one year

Amo (non)     09 May 2016

Yes it was under CrPC 125.

Mr. Magar, will you pls clarify the time limit of One year means? What does this mean. Is it that after one year of Order recovery petition cannot be maintained???


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