Interim maintenance under hma, execution limitation

Boss,  Maintenance order given under Sec 24 HMA in her divorce petition dated Jan 2020.

EP7/2024 for civil arrest & detention filed on Jan 2024 under Order 21, Rule 37 for rigorous imprisonment.

They may later file for IPC 302 for death sentence as well

In the given facts, there is no limitation for filing EP. However, the arrears would be limited to past one year.

In civil imprisonment, there could be no provision for rigorous imprisonment.

If you are aggrieved by the order, you have option for approaching higher courts.

You have rightly stated "civil arrest" of judgment debtor is last resort for the executing court, when there is neither any movable nor immovable property (ies) to satisfy the EP filed by decree holder in an order passed by Family Court in an application u/s 24 of Hindu Marriage Act, 1955.

Sathya, regarding the Execution Petition (EP) for Civil Arrest, it’s crucial to check local laws for any time limits on filing. Typically, there are statutes of limitations that may apply. Just like in the Slope game , where timing and strategy are essential to navigate challenges effectively, understanding these legal timelines is key to your situation. Consult with a legal expert for tailored advice.

have you appeared in EP proceedings? how much payment have u made so far? did you prefer crp against an interim order? if it is negative for all the above then it is for the decree holder can seek relief according to her wish. contest the interim order before the high court and lay down all the points u have stated before this forum to the high court and even in the high court the case will be heard only on updating interim maintenance. 

Yes I am appearing before the EP Proceedings, and also challenged the same in Honble High Court of Madras.

They came up with a finding that,  "Wife filed an Interlocutory Application in IA368/2019,  under Section 24 of the Hindu Marriage Act, r/w Section 151 CPC seeking Interim Maintenance.

However the Petition & Order has been treated as a MISC Application, and questioned the jurisdiction of the same 

(This should have then be filed as MP or MC under different sections)

Any legal clarifications on this one ?