Recall case filed to delay the arrears.

642 votes

In a case of ex-parte permanent maintenance, the order remains operative and executable till it is stayed, modified or set aside by the same court or a higher court. Filing of a recall application by itself does not automatically stop recovery proceedings or issuance of warrant. Unless the court has specifically passed a stay on execution, the husband is legally liable to comply with the maintenance order and clear arrears even during the pendency of the recall.

Advocate Servesh Mishra LawRato

524 votes

An ex-parte maintenance order remains fully valid and enforceable until it is set aside by the court. Filing a recall application does not automatically stop recovery proceedings. Unless the court specifically grants a stay on execution, the husband remains legally liable to pay the maintenance amount. So, even if the recall application is pending, the court can still issue a recovery warrant on the next date. To prevent this, the husband must request the court for a stay of the ex-parte order and recovery while the recall application is being decided. A recall application is not treated like a full trial, but the court will first see whether there was a genuine reason for non-appearance. Sometimes evidence may be taken, but it usually does not take as long as a regular case. However, delays can happen due to court workload. Until the ex-parte order is cancelled, arrears keep increasing, and recovery action (warrant, attachment, etc.) can continue. It is advisable to seek an urgent hearing and interim stay in the recall proceedings to avoid further recovery action.

Advocate Aishwarya Panday LawRato