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Exparte permanent maintenance order came.recalled filed


25-Jan-2026 (In Divorce Law)
Exparte permanent maintenance order came on 1st nov.11th March for warrant issue he hasn't paid for 11 months arrears.but husband filed recall on 12th dec got date for 20th Feb.we will file objection but can he delay by saying recall order is pending. 11th March warrant will be issued or not.we have to wait for recall order.2 kids 6-12 yrs old.can kids maintenance start without recall order as per order 1st Nov order.we are struggling financially so i want payment by 11th March is it possible.
Answers (4)

Answer #1
880 votes
you got a exparte permanent maintenance order your husband is recall order in court kindly see the rules fie for recall of exparte permanent maintenance order you want pay by 11 March your husband was in arrears
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Advocate Spiti Sarkar

Adv. Spiti Sarkar

LawRato Greater Noida | 700+ Answers
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Answer #2
807 votes
Recall application does not automatically stay execution. Mere filing of a recall does not stop recovery unless the court has passed a specific stay order. So, the husband cannot legally avoid payment only by saying “recall is pending”.
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Advocate Servesh Mishra

Adv. Servesh Mishra

LawRatoLucknow | 25+ Answers
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Answer #3
880 votes
its not possible to get maintenance till recall application is disposed off. but only one way you can file a application for interim relief appllication before order of recall application. court can order to pay interim relief.
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Advocate Satish Bhati

Adv. Satish Bhati

LawRatoGreater Noida | 400+ Answers
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Answer #4
565 votes
As you have mentioned how your maintenance has been decided on 1st November and it has a date of 11th March in which notices have been issued to the opposition party for recovery and they have to pay the money but your husband has filed an application under section 1262 CrPC against your application, which has been issued continuouslyDue to which you do not have to pay the money, but application form 1262 does not stop any recovery, the court will definitely get you your pending area of 11 months, otherwise you should take separate action under section 128 CrPC
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Advocate Rajeev Kumar

Adv. Rajeev Kumar

LawRatoBijnor | 700+ Answers
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