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Siv (engineer)     18 June 2012

Reg. execution petition in crpc-125 case

Dear All,

 

Family Court  (FC) granted Rs.5000/- as interim maintenance on 06/06/2009.

Husband filed revision in High Court (HC) and HC ordered (october) Rs.3000/- per month till disposal of revision.

Husband paid Rs.3,000/- per month eventhough the wife filed Execution petition in November-2009 whereas husband paid interim maintenance till december-2009.

After wife filed the execution petition the husband stopped paying interim maintenancne to see the decision of court and aslo husband filed PERJURY saying that although wife received interim maintenance filed the execution petition to delay the case proceedings.

FC failed to dispose the execution petition till date (almost 3 years).

 

 

Question:

 

 

Can wife claim recovery of Interim maintenance for the time period 1/11/2009 to till date with the execution petition is filed prior to December-2009?

 

Does execution petition is maintainable for only one year dues ?

 

Can husband argue that at the time of filing the execution petition , the effective order from HC is complied and the petition shall be disposed and if wife want to file the next execution petition she may file for the period of one year from now?



Learning

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