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Sanmathi S Rao   14 September 2024

Maintenance not paid by husband

A Petition under Sec 125 Crpc has been filed by wife claiming maintenance from husband. However, past maintenance claims not included in the petition filed by the earlier lawyer. Amendment preferred incorporating past maintenance claims. The court has asked to produce certain citations to prove that past maintenance claims could be sought even at a belated stage. It Would be a great help if you provide me with required citations.



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 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 September 2024

T. Kalaiselvan, Advocate (Advocate)     14 September 2024

Section 125 of the CrPC governs the law on maintenance to wives, children, and parents. If a person fails to comply with a maintenance order without any cause, a magistrate can issue a warrant for collecting the due amount or impose a jail term of up to one month per month of unpaid maintenance

However the time limit to claim arrears of maintenance under section 125(3) of the Code of Criminal Procedure (CrPC) is one year from the date the amount becomes due. After this period, a magistrate cannot issue a warrant for levying unpaid maintenance amounts. However, a civil remedy is available for recovery of arrears beyond the one-year period.

Sanmathi S Rao   15 September 2024

Sir, could you please provide more details regarding the cases, I am unable to find them. 


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