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RISHI JI   26 March 2021

CRPC 125MAINTENANCE EXECUTION TIME LIMIT

Dear Respected members,

I want to know the time limit to file the recovery (execution) petition after the Maintenance Order is Passed. Also do a Husband have to pay all the arrears if the recovery petition is filled after 3 yrs of the Maintenance Order??? CRPC 125


Learning

 2 Replies

aditi srivastava   26 March 2021

Respected Sir,

It is necessary that a copy of the order must be provided to the claimant free of cost when an order for maintenance is passed by the first class magistrate. The person on whom an order is executed must obey the order. If a person fails to pay the amount of maintenance without sufficient reason it will result in a court warrant for collecting the amount due. The immovable property or salary of the person can be attached under a court warrant. Even then also a person doesn’t pay the maintenance then a person is liable to imprisonment for a period of a maximum of 1 month or until the amount is paid, whichever is earlier. The limitation period is 1 yr for filling application for enforcement of maintenance the date on which it becomes due. Otherwise, the application will be dismissed.

"Article 105 of the Limitation Act, clearly provides the period of three years for recovery of arrears of maintenance by a Hindu. Therefore, the decree-holder should have filed the execution petition for recovery of arrears of maintenance before the expiry of three years from the date of passing the decree.

regards

RISHI JI   26 March 2021

Dear sir, A Family court has announced the order of maintenance on 15/07/2018 for Rs. 4000/- from the date of application(March2016), so wife has filed an application to recover said maintanance on the date of 23/02/2021... So she is still eligible to take maintanance or any limitation to submit file... In this situation court can issue warrant if husband denied to pay maintenance under any act of limitation.. If any judgment declared by supreme court plz try to provide me Thanking of you

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