Execution in hma 24

Originally posted by : Harrasedbywife
	Hello experts, Greetings!! I am posting a small query overy here... If the wife has been granted maintenance of 5k p/m under sec.24 of HMA, is there any time limitation for filing the execution suit for the same? I have also heared that if she fails to file execution suit within 6 months of date of order, then the execution suit may not be accepted. Thanks in advance.

While posting such queries you may post the links to refer.

So post full details where from the reference was picked up by you, to benfit one and all per detailed facts of the matter.

IN the meantime you may go thru;

 (906) WP 11581-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11581 OF 2017

Parag Subhash Parelkar ] Age-46 years, Occ. Service, Pilot ] R/at – Flat No. 1003, Jay Jaywanti ] Asiatic Enclave, Vartak Nagar, ] Thane-400 606 ] Maharashtra ] .. Petitioner

Vs.

1. State of Maharashtra ] Through Learned Govt. Pleader ] Appellate Civil Side, ] Hon'ble Bombay High Court, ] Fort, Mumbai. ]

2. N. Geetanjali Parag Parelkar ] Age-48 years, Occ.-Service, Pilot ] 31 & 32A, Brrokhavens, J.V. Link ] Road, Jogeshwari East, ] Mumbai – 400 060. ] .. Respondents

CORAM : K. K. SONAWANE, J.

Judgment reserved on : 18.07.2018

Judgment pronounced on : 07.08.2018

6. The legal issue to be determined in the present writ petition is: “Whether the execution of decree or order passed by the Court and enforceable under Section 28-A of the Act, 1955 as well as execution of decree or order passed by the Family Court and enforceable under Section 18 of the Family Courts Act, 1984 are governed by the Article 136 of the Limitation Act or it would governed by Article 137 of the Limitation Act.”

8. The Family Court has also an authority to deal with issue of maintenance pendente lite under Section 24 of the Act. The Section 18 of the Family Courts Act, 1984 not merely declares that the Judgment and decree/order of the Family Court have the same force and effect as that of the Civil Court, it also empowers the Family Court to execute its decree or order as Civil or Magistrate Court execute them.

14. On careful analysis of these legal provisions, it becomes manifestly clear that the decree or order passed by the Court under Hindu Marriage Act as well as the decree or order passed by the Family Court except the order under Chapter IX of the Code of Criminal Procedure both have the same force and effect as a decree or order made by the Civil Court. The decree or order also required to be executed in the same mode and manner at par with the execution of decree or order of the Court made in exercise of its original civil jurisdiction.

18. In view of above, I am of the opinion that the procedure for execution of decree/order of Family Court or passed under Hindu Marriage Act, both are governed by the period of limitation prescribed under Article 136. The provision of Article 137 does not apply to the execution under Section 28-A of the Act or under Section 18 of the Family Courts Act. In the result, the conclusions drawn by the learned Trial Judge appears just, proper and reasonable. There are no errors in it and needs no interference. The Writ Petition deserves to be turned down.

You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Family/Civil  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Family/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Family/Civil  matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Come back to Post the feedback after discussing with yor LOCAL counsel and benefit one and all.

And confirm if the period of 6 months as posted by you perfacts as in query shall prevail

or

As per above judgment.

In matrimonial matters there are many judgments from various court pan India and many set precedence.

IT is reiterated that your feedback shall help many.

Otherwise the above mentioned judgment is crysatal clear on the subject.

Discuss with your own LOCAL counsel and revert.