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Rajesh Agarwal   27 May 2021

Maintenance under 125

2018 interim maintenance was allowed but Execution case u/s 125(3) not file till today on the ground of family reconciliation proceeding but failed. can I file execution case from the date of passing order till today.


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 7 Replies

Advocate Bhartesh goyal (advocate)     27 May 2021

Yes,you can file now.no reservation.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     28 May 2021

Yes, you may inform you Lawyer to do the needful.

Sankaranarayanan (Advocate)     28 May 2021

Nothing more need to add regarding your query, already experts given it

T. Kalaiselvan, Advocate (Advocate)     28 May 2021

 Supreme Court has held that maintenance in all cases (including Section 125 CrPC) is to be awarded from the date on which the application was made before the concerned Court.

Hence you can file a collection petition to execute the court order even now.

 

Dr J C Vashista (Advocate)     29 May 2021

There is limitation of 12 months for filing execution of maintenance award, in terms of proviso to section 125(3) Cr PC.

P. Venu (Advocate)     29 May 2021

In terms of the proviso to Rule 125(3), the court cannot enforce recovery of amounts which are in arrears for more than a year. - 

Section 125 in The Code Of Criminal Procedure, 1973

125. Order for maintenance of wives, children and parents.-------------------------------------------

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife' s refusal to live with him

1 Like

Dr J C Vashista (Advocate)     30 May 2021

Very well explained by expert Mr. P Venu, I appreciate and agree.


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