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Naresh (In search of job)     30 July 2010

execution petition and revision petition in 24 HMA maintenan

 

LCI members,

Today(30-07-10), I attended the court for both of my divorce/maintenance (u/s 18 HAMA) cases in family court. Last date on 29-06-10, interim maintenance u/s 24 HMA was ordered to pay in 1 month duration. As, the order copy is not ready, I didn't go for revision yet.

But today, the opposite party told the judge that the maintenance with arrears is not yet paid even though the 1 month period is over till yesterday (29-07-10). For that judge has told them to go for execution of the orders.

(1) Is there any deadline (time-period), for them to file for the execution orders? Can the execution orders be filed immediately after the 1 month period in interim orders u/s 24 HMA?

(2) As there is a 3-month limit to go for the revision to HC in interim orders, irrespective of this limit can they file for execution of orders?

(3) Is it allowed to go for revision even though they file for execution orders?

(4) Can both execution and revision run simultaneously?


(5) Members, please quote your experiences in these kind of scenarios?

--LF-AP


Learning

 3 Replies

adv. rajeev ( rajoo ) (practicing advocate)     30 July 2010

There is no deadline to file a exeuction petition to recover the ordered amount.  She can file immediately after lapse of one month.

Yes you can file a revision against the order even after filing the exeuction petition and you can seek stay of operation of order and proceedings of the exeuction petition.

neel (self)     31 January 2011

Hi Naresh,

 

I want to talk to you ASAP.

Can you please contact me by sending a PM. Thanks.


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