Interim maintenance execution under sec 125 crpc can be rejected

Question

Interim maintenance execution under sec 125 crpc can be rejected

05-May-2025 (In Divorce Law)

Wife interim maintenance order passed and she filed execution for the said order. Her cross examination is also over and in the cross she stated that I have no relation with my husband. My question is that with this statement can execution petition for the said order can be rejected.

Answers (5)

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Advocate Aditi Gupta LawRato · Accepted Answer · 2025-05-05T22:47:10+05:30

Answer #1

No. This is not the basis for any rejection for execution petition. Once the order is passed for ad interim, you have all the right to file execution petition. There can be other reasons like jurisdiction etc but not at least this statement

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Advocate Rajesh Kumar LawRato · Accepted Answer · 2025-05-05T23:03:45+05:30

Answer #2

although you did not have relationships with her and she is legally weded wife she is intitled for maintenance from you. although you did not have relationships with her and she is legally weded wife she is intitled for maintenance from you.

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Advocate Vinayak Bhatia LawRato · Accepted Answer · 2025-05-06T06:12:06+05:30

Answer #3

If an interim maintenance order has already been passed and has attained finality, the execution petition can proceed unless the order is set aside or modified. A statement made during cross-examination, such as the wife claiming she has no relationship with the husband, may raise doubts about the subsistence of the marital relationship, but it does not automatically nullify the previous order.

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Advocate Vikas Sharma LawRato · Accepted Answer · 2025-05-06T12:02:45+05:30

Answer #4

It will certainly help you in ensuring that the maintenance is either low or reduced to zero. However it will depend on multiple factors. Interim maintenance can be challenged too through revision. However I would suggest getting a detailed opinion by discussing it with any good lawyer. Alternatively you can contact us if required.

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Advocate Nishtha Agarwal LawRato · Accepted Answer · 2025-05-08T11:53:13+05:30

Answer #5

Hello - just on basis of that statement alone, execution cannot be stopped. However, there are other ways to stop the execution, by filing objections/ appeal/ challenging the decree itself. We will need more details of the case to be able to help. Please let me know if you need further assistance.

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Adv. Nishtha Agarwal Adv. Nishtha Agarwal

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