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kunal   10 July 2015

Recovery of arrears

Husband filed RCR u/s 9 HMA
Wife replied with application u/s 24 HMA.
Court ordered interim maintenance to wife.
Husband failed to pay maintenance arrears.
Court dismissed his petition u/s 9 HMA.
Does the Court recover maintenance arrears even after the dismissal of the petition u/s 9 HMA?
The dismissal was made on the ground that the husband failed to pay maintenance arrears.


 1 Replies


Your bone of contention should be I wont give a penny as I want her to come back, and court cannot give one sided order asking you to pay her money.  It appears that you did not respond to her HMA application and it went exparte.  In such case you have to approach HC with appeal to dismiss LC order.  Arrears can be recoveered if your wife files for execution, they will either seek any of your property in your name, sell it and give proceeds of such sale to wife or if your are penilles will issue warrant and send you to one month jail.

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