#Sec #125 #CrPC #Maintenance
Latest NCRB Data #NCRB2016 which hides #FakeCases #LegalTerrorism by #498a
* As far as I know, under sec 125, though the maintenance liability may continue, “…No application for execution of the maintenance order can be entertained for a period exceeding 12 months immediately preceding the date of application…” Meaning the “…the wife the maintenance-holder cannot accumulate the maintenance for a period beyond 12 months…..”
* I have the following cases in support of this claim.
* There are also other SC and HC cases which support this claim. Could some one add to this repository with other (stronger) cases
Wife cannot accumulate maintenance for more than 12 months and claim recovery by arresting husband. No execution for maint older than 12months in 125(3).AP HIgh court
Max one month arrest for unpaid maintenance under sec 125 CrPC. Husband cannot be arrested again for the same arrears. Arrest cannot be extended
Arrest for non pmt maint us 125 CrPC within MAX 1yr, but NO TIME LIMIT FOR RECOVERY u/s 128 CrPC. Madras HC
Punjab & Haryana HC
Any husband (even callous husband ) NOT paying maintenance under Sec 125 CrPC, CANNOT be arrested BEFORE other coercive measures u/Sec 421 CrPC, like attaching property etc, are exhausted. Punjab-Haryana High Court
if wife looses maint in civil case, she looses right to file sec 125 and claim maint !! Bombay HC http://wp.me/p7s7-1CI
No need to grant interim maintenance in #HMA 24 if already allowed in section #crpc #125
- https://indiankanoon.org/doc/26670319/ no need to grant interim maintenance in section 24 if already allowed in section 125 crpc
- Husband can apply for change of circumstances and request for Alteration in Allowance.