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Recovery Petition

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  • Started 11 months ago by kurheamol

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  1. kurheamol
    Member

    Dear Respected members,
    I want to know the time limit to file the recovery petition after the Maintenance Order is Passed. Also do a Husband have to pay all the arrears if the recovery petition is filled after 4 yrs of the Maintenance Order???

    Case in Brief:- Wife gets the maintenance Order in Oct 2012.
    Files recovery petition which was not served upon the Husband.
    She withdraws the same in May 2013.
    Both had applied for MCD but it was dismissed in default due to non presence of the wife in Dec 2013,
    Husband files Divorce case in April 2014 which is still at counselling stage.
    Now in April 2016 she again files RECOVERY PETITION for the arrears from Oct 2012 till date.
    What are option available with Husband.

    According to the Section 125 (3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any port of each month’s allowance allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made: Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due: Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing. Explanation – If a husband has contracted marriage with another woman or keeps a mistress, it shall be considered to be just ground for his wife’s refusal to live with him.

    Now that since she was party to the Mutual Consent Divorce...even if its dismissed, can it be deemed that she is leaving separate by mutual Consent???

    Posted 11 months ago #

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