Maintenance ordered.

The lady would go in for execution, if you don't deposit this money and then you would have to negotiate time with the court.

There is some ambiguity in the above said order.  The maintenance, it appears, has three different portions.  The first one is maintenance arrears prior to filing the petition, which is Rs. 5.00 lakhs.  The second one is maintenance arrears from the date of petition till the date of order, which has to be calculated @Rs.15,000/- from the date of petition till the date of payment.  Both these can be executed immediately.  The third part is future arrears @ Rs.15,000/- per month which has to be paid by 10th of subsequent month.  The execution of this third part can be filed as and when such amount arises.

Now, execution petition can be filed by her at any point of time.  If the husband pays, the execution can be satisfied.  If he does not pay, Warrant of attachment of movable and immovable property can be issued.  If such property is not available, warrant of arrest will be issued and the judgment debtor will be put behind bars for the satisfaction of execution amount. 

Thanks Adv Chandu for your valuable reply.

As you said she can apply for execution anytime, usually how early do lawyers recommend such action and would it be preceded by Advocate's notice ?

Can I appeal with the Hon'ble HC against this Order. If yes, then until disposed by HC will I be immune to the execution process ?

Also, she had actually petitioned for Rs.20 lakhs as past arrears. If she goes to HC for appeal, would I still be in default of the present order or do I get time until it is disposed off by the Hon'ble HC ? 

If your time permits, please advice. Thanks.

P.Jain

Sir,

Also please advice if I can myself file some petition somewhere requesting time schedule to pay arears, say Rs.83,000 for next 6 months (for the 5 lakhs) while I maintain the monthly Rs.15,000. How do Courts see such requests ? Thanks.

P.Jain

Start paying before any execution petition comes in.

When you show your bona-fide courts generally gets liberal.