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great india (manager)     23 September 2013

how will it be recovered

1. If husband doesn't clear arrears in 24hma, proceedings and judgement stagnated if he is petitioner. 2.if responded, then defense struck off 3. What if wife purposefully remains absent for most of the dates during trial and arrears pile up...husband being the petitioner....???? 4. In such a situ if divorce gets dismissed or withdrawn by petitioner husband then can by any means arrears be recovered by wife....???


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 3 Replies


(Guest)
come with case details, not if's and but's.

great india (manager)     23 September 2013

1. 2 yrs divorce pending....now wife files say and 24hma few months back. arrears pile in thousands and wife giving all sorts of reason starting from her piles operation to her mothers surgery.
2. she files rcr in other court wit 125 and dv. husband knows she never gnna come baqck so gave a say in rcr +125 that wife deserted , he ready to reunite .
3.no interim in 125 but now she feasting on 24hma asking for arrear clearance first....even she wanting divorce but only after torturing husband for years and settling for huge one time settlement.
4. magistrate knows but just warning her and not taking any strict action......asking for mcd instead of contesting for years.
5.now husband frustrated in 2yrs , if he withdraws divorce or it gets dissmissed due to non payment of arrears, will the arrea be recovered by any attachment or crpc......
6. husband is petitioner in divorce but fed up of paying interims and case not moving fast, lawyer saying higher court orders also waste of money as matrim. caswes run too slow and mostly end in mcd shelling by husband a lump .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 September 2013

Yes the wife can claim the arrears by filing an execution petition before court.


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