Legal Question in Criminal Law in India

How to get arrear Claim

Dear Sir,

I am the wife of Mr.X,we are satying separately for 5 years though not legaly divorce or separation, I stay with my parents.I lodged 3 cases 1 for maintenance under c.r.p.c 125 and under i.p.c. 498A and 406 in the year 2003 at JM sealdha lowear court ( Kolkata). The op X moved the high court kolkata to refix the maintenance order as fixed by the 3rd court Sealdha (Kolkata, W.B) from 4.7.2005 with a diraction to pay the arrear within 6 months frm the date of JM sealdha court's order 28.2.06 , At the time of accepting the case (125) the Hon. High court ordered the op X to pay Rs 10,000 pm againest Rs 12.000 as passed by the JM Sealdha Court frm May 2006.The Hon High court Kolkata passed the judge ment on 7.5.07 and fixed the maintenance Rs 10,000 P.m. frm 4.7.2005.As per order of the Hon. High court the op X paid maintenance frm 2006 to upto date but not paied the arrear claim frm 4.7.05 to April 2006 I.e. that is for 10 months (as the maintenance is to be paid frm 4.7.05 as fixed by the Hon. high court.)Pls advice me as to what action I to take to get the arrear claim at this stage?How long I can wait to submit the claim?


Asked on 1/19/08, 2:50 am

3 Answers from Attorneys
M.P. SANJAY M.P. SANJAY M/s. Sanjay

Re: How to get arrear Claim

As your advocate to take necessary steps to claim arrear of maintenance

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Answered on 1/20/08, 1:50 am
Shrichand Nahar S.V.Nahar, Advocate

Re: How to get arrear Claim

You can file a petition in the court in which you had filed petition u/s.125 Cr.P.C. and obtain necessary order.

In the event of non-compliance, your husband will be liable to be detained in jail.

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Answered on 1/19/08, 5:57 am

Re: How to get arrear Claim

File an application in HC seeking direction to husband for arrears of maintainance as was directed by HC or file execution case.

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Answered on 1/20/08, 11:42 am


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