Execution 125
INDIAN LADY
(Querist) 18 November 2014
This query is : Resolved
In my application of 125 iterim reliefe is given by court in Dec 2013. My husband filed revision in Feb or March which is dismissed and in same month I filed execution of 15 months ( from start of case to Order day of the case I.e 6 Dec 2013) Rs 90000. My husband has hardly paid Rs 27000 . Now again Dec 14 is coming so one year is going to pass from the date of order. Now my query is if I will not file further execution from 7 Dec 2013 to till date then Can I file the execution later as my husband has not paid previous dues. What will be the harm if I will not file further execution now ?
Devajyoti Barman
(Expert) 19 November 2014
One can not claim more than the last 12 months of arrears in her execution case.
Rajendra K Goyal
(Expert) 19 November 2014
You can claim arrears for last one year.
ajay sethi
(Expert) 19 November 2014
agree with Mr Barman
T. Kalaiselvan, Advocate
(Expert) 19 November 2014
You file a CMP claiming the entire arrears till date, let the court decide about the quantum.