Limitation to file ep for maintenance decree?

Arka Foundation (Querist) 02 October 2011 This query is : Resolved
Brief:
Wife filed Maintenane filed U/s 18 HAMA.
& Divorce U/s 13 HMA.

Wife got ex parte decree on her favour for maintenance and divorce decree.

EP was not filed by Wife for interim maintenance against Hub.

Hub filed set aside petition against divorce with condone delay and the case is pending in H.C.

Consequently Wife got 2nd marriage (grandly) after 7 months of ex parte decree and did not informed to High Court.

RCR[filed by Hub] is continuing and wife's lawyer is attending the adjournaments, even after her[wife]marriage [second] was performed.

Queries:
1) limitation to file EP for maintenance decree U/s 18 of HAMA
2) Wife can still file EP for interim maintenance even after getting maried(second) again

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prabhakar singh (Expert) 02 October 2011
what do you call EP????

Arka Foundation (Querist) 02 October 2011
EP = Executive Petition

Kiran Sham Idnani (Expert) 03 October 2011
Ex party decree is not enough. The wife should have waited for the divorce to come through before getting married again or else however grand,the marriage holds little or no value!

prabhakar singh (Expert) 03 October 2011
EXECUTIVE PETITION WHAT ROLE SUCH AN APPLICATION HAS IN A HMA CASE????
1]LIMITATION 30 DAYS 2]NO.

Arka Foundation (Querist) 03 October 2011
@ Prabhakar Singh

Now EP for the interim maintenance ordered by the Family Court. As the Hub did not pay any interim maintenance or did not go for appeal in HC.

This EP to cause Harass/Mental agony to Hub

Guest (Expert) 03 October 2011
limitation period 12 years from date of order to execute the maintenance amount.

Arka Foundation (Querist) 03 October 2011
@ Ganesan

Sir,

Wife is married and leading happy married
life, still she can file.

prabhakar singh (Expert) 03 October 2011
Execution time 12 years.
Unless decree/order not modified on application of husband on ground of her remarriage,the executing court can not go behind the decree.
At any rate pre remarriage arrears shall in every case would be recoverable.

i am not accustomed to sms language.i work in a court where each and every thing go in Hindi,and public we deal speak local dialect.

Sailesh Kumar Shah (Expert) 04 October 2011
Shri Prabhakar Singh perfectly advised and he has left no space to say further.

Arka Foundation (Querist) 04 October 2011
@ Prabhakar Singh

Sir,

U mean the interim maintenance can be challenged by the HUB on ground of her
re-marriage,
even after limitation period is expired for the decree[maintenance] passed by Lower Court.

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