RISHI JI 26 March 2021
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