Execution petition in pendant lite Maint Order as per HMA for Hindus
Querist :
Anonymous
(Querist) 22 April 2011
This query is : Resolved
What is execution petition?
Order was issued by trail court family court judge as 'pendant lite and costs as per sec 24 of HMA act' to wife.
Wife's lawyer stalled proceedings on the next date saying that husband hasn't paid a single rupee.
Family court judge verbally told husband's lawyer that unless husband pays money, he won't look at any application filed by husband.
And thus Husband was made to all arrears of five months to that date.
Husband then applied to same family Court judge to kindly grant 'stay of payment for some time' called as stay of execution.
Reasons of stay:-
1. Husband wants to challenge it in High Court.
2. Husband's small scale business had suffered a loss due to mishap to worker and fire and it is stopped due to legal and police enquiry and license for gas cylinder etc etc etc. All happened suddenly and He is currently under huge debt, rent etc. There is severe financial hardship.
3. Wife is earning and employed in a private job. And not much loss to wife is payment is postponed for a few months.
Due to above he hasn't finally challenged pendant lite order in High Court.
But Lawyer at least filed review to same trial court and 'condonation of delay', due to above exigency. it is passed.
Husband does not want wife to take advantage of his current hardships and prefers to have some respite in difficult time.
On the Application of 'stay of payment' by husband, wife's response says that there has been no written application yet by wife for execution of maintenance,
And hence the application for 'stay of execution' has not legal standing.
IS wife's defense correct???
Then why the judge verbally compelled the husband to pay all arrears???
He kept of paying for almost two month after paying arrears as above, and she took that money from court.
Lawyer says, for stay husband may be asked to pay some security money at court, which won't be given to wife, and review argument will also get over in two dates.
Wasn't above arrears payment and monthly payments treated as security by Court?
Isn't it absurd that, unless execution petition is filed, husband is not supposed/expected to pay?
Is it a mistake by husband to pay before execution petition, and only over judge's verbal instructions?
Then under which rules and powers court made the husband to pay arrears and two months maints, if there wasn't any petition for execution by wife (I think he was referring to some darkhast)
On what rules did wife's lawyer stalled the proceedings to continue that day? Was it not called an 'indirect execution prayer' by wife?
Now if court asks additional money for 'security' it would be really cumbersome for husband, as he is already saving his face from many creditors due to exigency.
Pls comment urgently. Thanks.
Husband wants to stay the payment. Will he be sent to jail or his other things attached? It will a additional trouble to him.
Tajobsindia
(Expert) 30 September 2012
This query is open from last 1 year.
Is the author still interested in a reply from Expert(s) ?
Guest
(Expert) 30 September 2012
Anonymous query!
V R SHROFF
(Expert) 30 September 2012
Anonymous query were not replied jointly by all experts before a year.
All these dozens query is from that lot:
Shri Tajobsindia may pl note.
Tajobsindia
(Expert) 30 September 2012
In INTERNET there is nothing called as if one puts "Sita - Geeta NAME" it authentifies the QUERIEST and thus qualifies for a reply !
Also in legal opinion matters put in INTERNET a queriest PREFERS mostly ANONIMITY!
Guest
(Expert) 30 September 2012
Mr. Tajobs
You were free to reply anonymous queries. There would not have been no objection to anyone, had you replied the query instead of merely asking the anonymous querist, "author still interested in a reply from Experts?", which had no relevance with with the query of the queriest.
You are still free to reply the query. But, you have still not replied the query if that was open.
