Hi
Amit Oza
(Querist) 11 March 2013
This query is : Resolved
Hi...my collouge .she is going throgh marital disput since 4 years. court has given an order for maintaince of 2000-pm as she is having a child..it has been 2.5yrs she is not getting any maintaince from her husband. her laywer is also not helping her.she has left the case in between.what kind of action she can take ,dose court provide free laywer serive to her.
Devajyoti Barman
(Expert) 11 March 2013
Ask her to get in touch with Legal Aid Authority which is there is every district court to provide free legal assistance for distressed women.
R.K Nanda
(Expert) 11 March 2013
no more to add.
Raj Kumar Makkad
(Expert) 11 March 2013
She can avail the facility of entire free legal aid and she can also recover the arrears of pending maintenance but limited to last one year only with regular maintenance in future.
Amit Oza
(Querist) 11 March 2013
why cant she cliam arreas of maintenance of last two years. why only one years..it is specified by law
ajay sethi
(Expert) 11 March 2013
Section 125(1) of the Code empowers the learned Magistrate to order directing the husband to pay maintenance to the wife after enquiry. Sub-section (3) of Section 125, Cr. P.C. provides that if the person concerned fails without sufficient cause to comply with the order, the learned Magistrate may issue a warrant for collecting the amount
shall first be made and when he fails to comply with the order without sufficient cause, only then, Sub-section (3) can be invoked by which the learned Magistrate can issue a warrant for collecting the amount due in the matter provided for collecting fines. It is to be noticed that Sub-section (3) would specifically provide that the order of warrant can be issued for every breach of the order passed under Section 125(1), Cr. P.C.
43. Therefore, combined reading of Section 125(1) and Section 125(3) makes it manifestly clear that only in the event of the husband's default in making payment, a recourse can be taken under Sub-section (3) of Section 125 of Cr. P.C.
Raj Kumar Makkad
(Expert) 12 March 2013
If no initiative was made by wife to recover the arrears then she shall be entitled to recover against only for one year as per provisions.
