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rakesh   10 June 2018

Summon received under section 125(3), pls help and guide

Dear members, interim order in 125 passed in 2015 for 3500 final order in 125 passed in 2017 january for 4000 i paid 30k during final order, after that i stopped paying due to financial problems i got summons 5 days back from family court under section 125(3) just want to know, as per provision in 125 (3) recovery can be asked for last 12 months, is that correct? do i need to pay the entire pending amount. i have already appealed against the order in high court, it is still in admission stage. if i attend the summon date and note able to pay the full amount, will i be arrested? please guide


 7 Replies

Aman chawla (DELHI HIGH COURT ADVOCATE)     10 June 2018

No, as per section 125(3) she can make an application within a period of 1 year, and there is no such law which says that she can file execution only from last one year.

The judge in the High Court may ask you to submit 50% of the amount.

You should definitely attend the Summon date or otherwise,  warrants of attachments may order. In 125(3)  date you may say that you have preferred an appeal against the final order.

And don't worry no one will arrest you



Aman Chawla

1 Like

rakesh   10 June 2018

thank you very much sir, appreciate your help. i wanted to know, when i go for the date, do i need to carry the entire payment arrears? my final order is from january 2017, and interim was from april 2013, now, do i reply in the court that as per 125 limitation, she should have appealed within one year or order,? can i pay for one year now ? pls advice sir

Aman chawla (DELHI HIGH COURT ADVOCATE)     10 June 2018

I would suggest you to please attend the court hearing and ask for some time to file the objections in regards to the execution.

And Sir, please specify your question clearly as I am not able to understand why are you talking about one year only?

Please Message me in my Inbox.



Aman Chawla


rakesh   11 June 2018

Dear Sir,

thanks again for your reply, i just wanted to know, is the one year time limitation prescribed under 125(3) applicable in my case as the arrears are pending since 3 years. can i ask the court to consider the one year time limitation.?

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     11 June 2018

It has to be seen that summons are issued against which execution petition?  One year limitation is applicable to you.  If she is asking for the recovery of amount earlier to one year period, then you can ask the court to grant her maintenance only for the last one year.  Carry some amount on the next date of hearing, so that the court may not become harsh against you and issue arrest warrants.  Say, the remaining amount once properly adjudicated after taking into consideration of your objection on the ground of limitation, will be paid promptly.

2 Like

rakesh   11 June 2018

thank you very much sir, i have not got copy of the petition, only summon is received,

Navneet Sharma   17 November 2020

Dear Mr. Rakesh,


What were you waiting for? Why did not you file case under section 127(1) of CrPC?

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