Legal Question in Family Law in India

My husband file a divorce case and the court passed an order by directing my husband to pay Rs.3500 /- per month as interim mantainance to me . But my husband

never pay me anythings though six month has been passed . My lawyer prepare a separate petition regarding non compliance of order by my husband and to pay the total amount of last six month to file it in the court and ask me to sign it . But I know that an order of execution should be filed in a execution form to execute the order . There is no need of separate petition to file . But my advocate said that here in Alipore court, Kolkata there is no provision of file in execution form to execute the order . We have to file separate petition to execute the order . I want to know what is the legal rules in this case and wheather I have to sign the petition without filling up any execution form ? Please advise .


Asked on 8/17/10, 3:16 am

2 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

No execution is required to be filed. Your lawyer is following the right course. A misc. application for recovery of arrears may be filed in the main pending case.

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Answered on 8/17/10, 7:37 am
Devansh Bhardwaj Devansh Bhardwaj

No new case (for execution) is required. File an application for recovery of pending money.

FOR FURTHER DISCUSSIONS IF ANY YOU CAN CONTACT ON 9415109404 OR ON [email protected]

DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

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Answered on 8/17/10, 8:54 am


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