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Sanmathi S Rao   26 September 2024

Maintenance

Can past maintenance be sought under Sec 125 crpc? If yes, please suggest some case laws which could help me substantiate my claim for past maintenance. 



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     26 September 2024

Yes, maintenance arrears under Section 125 of the Code of Criminal Procedure (CrPC) can be claimed: 

 A magistrate can be approached for up to three consecutive recovery proceedings. 

A civil suit can be filed to recover maintenance arrears once a final order is issued under Section 125. This is because the arrears become a legal debt after the order is issued. 

If a person fails to comply with a maintenance order without a valid reason, the magistrate can issue a warrant for the due amount or impose a one-month jail term. 

 

Sanmathi S Rao   27 September 2024

Sir,

Past maintenance as in maintenance incurred prior to the date of filing of Maintenance Petition. 

Dr. J C Vashista (Advocate )     27 September 2024

Normally court(s) grant maintenance from the date of filing of application u/s 125 CrPC, but never retrospectively.

After passing an order of maintenance if the judgment debtor do not pay it for the period of 1 year, the decree holder can file execution petition u/o XXI CPC.

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