When can i file execute petition for maintenanc u/s 125 crpc
Selvi
(Querist) 30 January 2017
This query is : Resolved
I have filed mc case (u/s 125 of crpc) against my hubby. Order passed on dec2016. Order said that "arrear amt to b paid within 3 month from d order date( i.e Mar2017) & monthly amt to b paid every 5th day of calendar month ( i.e. 5th Jan 2017).But my hubby has not paid any amt till date.Instead he filed Crl.M.P& crl.R.C. against me in high court. What shall I do? I have filed vakalat for further proceeding bef high court.At d same time shall I file execute petition/Contempt petition/Miscellaneous petition in cjm court? What types of petition can I file?When can I file those petition
Selvi
(Querist) 30 January 2017
When can I file those petition (i.e aft monthly amt due date or aft arrear amt due date.i.e. aft 5th Jan 2017 or aft Mar2017)?
P. Venu
(Expert) 30 January 2017
Petitions filed in the High Court do not impair your right to file the execution petition unless the HC has stayed or suspended the orders of the lower court.
Rajendra K Goyal
(Expert) 31 January 2017
If no stay granted by High court on orders / filing execution you can proceed to file execution.
