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Chandra Prakash (Sr. Engr)     05 August 2012

Arrear u/s cr. pc. 125

Dear Sir,

My wife filed maintanance case u/s Cr. PC. 125 in August, 2008. I recieved notice in july 2012. Earlier I have not recieved any notice regarding this case. Now if i will appear in the above said case, There are chances that court can fix the maintenance from the date of application i.e August 2008. In this case arrear amount will be huge. Can above notice challengable in the superior court of India on the ground of serving delay of notice, Aprox 4 years ??

Please suggest also if there are other way to avoid such huge arrear maintanance.

Thanks and Regards



Learning

 1 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     05 August 2012

I don't understand how can this happen ? A notice on a simple 125 case after four years of filing of the same....in such circumstances it would be extremely onerous on the husband to be made to pay it from such date. As it is u/s 125 the court has the DISCRETION to order it from the date of application or order, it is not a mandatory provision, where the ends of justice demand otherwise it can be ordered from the date of order.


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