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in execution, limitation period for recovery of maintenance
22-Sep-2024 (In Divorce Law)
In November 2022, Â In the 125CrPC MT case judge ordered interim maintenance of 16,000 and clear areas at @4000 per month, the wife filed an execution petition in July 2024.
The judge did the simple calculation (16000+4000)*22 (months till Sep 2024) = 440000/- the total amount to pay. I have paid around 3,50,000 Â so Judge asked me to make a balance payment of (90,000) by next month.
but the limitation period for recovery of maintenance is 12 months and the arrears of maintenance beyond the perio
At the time of enter in execution proceedings, You should filed objections regarding the limitation period of recovery of maintenance amount through execution. But I want to tell you that there are many judgments of Delhi High court as well as others that the wife is entitled to recover her maintenance amount beyond limitations but it's depend on the circumstances and fact of your case.
you should file objection for file execution petition after limitation.
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Adv. Mohini
Delhi | 50+ Answers
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Dear Sir,
It is true that the general rule of limitation states that Execution Petition to be filed within an year from the date when it became due. However, in case of delay in filing the Execution, the wife ought to have filed the Condonation of delay Application along with the Execution Petition. Your Lawyer must have objected to the Petition and the Court considering the delay and the Petition l, Ordered you to pay the Maintenance alongwith the arrears thereof.
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Adv. Sufiyan Firoz
Delhi | 50+ Answers
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I have read your query regarding your case there are so many judgements in your case you have right the case but the limitations of the period extend . when u will free please call me back there are so many judgements regarding your case
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Adv. Gourav Sharma
Delhi | 100+ Answers
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