ksvrajuadv (Advocate) 17 December 2010
Hi Experts,
i filed execution u/s 128 of crpc payment due from 10/4/2006 to 10/1/2010 which is Rs2,30,000/,defese lawyers in WS stated that Rs 47000/ paid to applicant u/s 24 of HMA & this amount be dedutable from the stated amount of execution application.Plz provide me judgement where this amount is neither adjustale not dedutable from above stated facts.It is very urgent,plz send me soon.
thanks in advance
Jamai Of Law (propra) 29 January 2011
It is adjustable ...crpc 125 maint is suposed to be adjustable with sec 24 of HMA.
Many such citations (reason...provision of interim maint is for subsistence/livelihood during the civil suit...which does not look at merits of main case)
If maint is awarded under DV...then there is such clause to adjust it....
Proceed with main suit of crpc125....and get the interim crpc125 to finality of order...then for each edfault he is liable to go to jail (without trial...just police complaint is sufficient.) Now also ...during interim award of maint and its non payment is liable to invite civil prison or attachment of his property.
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