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Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     31 July 2013

Dear Querist

first of all inform about her maintenance petition, it is filed u/s 125 of crpc or section 24 of HMA?

if she filed the maintenance petition u/s 125 of cr.pc then at the time of filing the petition or from the date of order she can claim maintenance otherwise not.

you can file a revision if it is interim maintenance before session court or high court .

feel free to call

adv.raghavan (Advocate,9444674980)     31 July 2013

 u didnot inform us wherther your ex-wife had  sought such prayer in her petition,asking for maintainence from the date, mentioned in judgement. 

Rahul (Engineer)     01 August 2013

@Nadeem

I just read your commeent. can you please share your comments on the attached judgements ?

It is regarding 125(3) executions. Also in my case as well the Interim Orders have been passed from the date of application u/s 125CrPC.

And wife Filed 125(3) executions as below.

  • 1st execution for 33 months
  • 2nd execution for 6 months
  • 3rd execution for 6 months
  • 4th execution for 10 months

Till date i have paid for 29 months.  Like as per the attached citations 14 months excessive payment has been paid in 1st execution.

Now how to adjust the over paid amount in subsequent executions.


Attached File : 102284293 rajasthan high court - arrears can be claimed of 1 year only.pdf, 102284293 125(3) detailed order by andhra high court that 1 year claim can be recovered only.pdf downloaded: 230 times

Pravin (Engineer)     12 August 2013

date of start maintenance is 15.0

Attached File : 953155501 reply.docx downloaded: 178 times

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