Legal Question in Criminal Law in India

Dear Sir,
My wife filed maintanance case u/s Cr. PC. 125 in August, 2008. I recieved notice in july 2012. Earlier I have not recieved any notice regarding this case.
Now if i will appear in the above said case, There are chances that court can fix the maintenance from the date of application i.e August 2008. In this case arrear amount will be huge.
Can above notice challengable in the superior court of India on the ground of serving delay of notice, Aprox 4 years ??
Please suggest also if there are other way to avoid such huge arrear maintanance.

Asked on 8/04/12, 8:49 pm

4 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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you can challenge the order on the ground that you had no notice of the petition and only after years of filing, you got the notice. but there should not be any deliberate avoidance of notice on your behalf.

Answered on 8/04/12, 9:21 pm

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Vishwa Arya Arya & Co.

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sir,

First point is that the maintainence fixed can be challenged on the quantum on the ground of no proper service but the effective date of maintainence from the date of application would remain the same as that is the law. No matter when the application is decided, the maintainence would be effective the date of application.

Answered on 8/04/12, 9:55 pm

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