Answer By law4u team
Maintenance is a financial support ordered by the court, typically for a spouse, child, or parent, ensuring they are not left destitute. When the person responsible fails to pay maintenance as directed, the unpaid amount becomes arrears. Recovering these arrears is governed by specific legal provisions, and the timeframe for recovery varies depending on the law under which the maintenance was granted. It is important to understand the legal limits, enforcement process, and rights available to the aggrieved party.
Time Limit for Recovery of Maintenance Arrears
1. Under Section 125 of the Criminal Procedure Code (CrPC)
A claim for arrears of maintenance under Section 125 can be made within 1 year from the date the maintenance became due.
This means if maintenance is unpaid for a certain month, the person entitled must file for its recovery within 12 months from that month.
2. Under Civil Law (Hindu Adoption and Maintenance Act, etc.)
There is no specific limitation period prescribed in some civil laws for enforcement of maintenance decrees.
Maintenance ordered through a civil decree (e.g., under Hindu laws) can be enforced under Order 21 of the Civil Procedure Code (CPC).
However, general limitation for enforcing a money decree is 12 years from the date of the decree, as per the Limitation Act, 1963.
3. Family Court Orders
Orders passed by family courts can be executed like civil decrees, using the civil execution mechanisms.
Delay may weaken the case, but courts often consider the ongoing nature of maintenance and may allow enforcement even if some time has passed.
Procedures to Recover Arrears of Maintenance
Execution Petition
File an execution application before the family court that passed the original maintenance order.
Court may issue a warrant of attachment, arrest warrant, or order salary garnishment.
Warrant of Arrest
In criminal maintenance cases (like under Section 125 CrPC), courts may issue an arrest warrant for willful non-payment.
Bank or Salary Attachment
The payer’s bank account or salary can be attached by court order to recover the dues.
Interest on Arrears
Courts may award interest on unpaid maintenance, increasing the total amount recoverable.
Legal and Practical Limitations
Limitation Period (Time Frame) must be strictly followed, especially under CrPC.
Delay in Filing may lead to denial of older arrears unless justified with valid reasons.
Retrospective Orders: Sometimes, courts allow maintenance from the date of application, creating a lump sum of arrears to be paid.
Income Proof and Change in Circumstances: Payer may challenge the amount or seek modification based on changed income.
Consumer Safety Tips
Maintain Records: Keep a copy of all court orders, receipts, bank transfers, or proofs of non-payment.
Act Promptly: Don’t delay filing for execution or enforcement beyond the legally allowed period.
Seek Legal Aid: Use government legal aid services or women’s commissions if unable to afford a lawyer.
Inform the Court of Hardship: In case of financial distress due to non-payment, courts may fast-track hearings.
Use Technology: Some jurisdictions allow filing or tracking cases online for quicker action.
Example
Suppose a woman was granted ₹10,000/month maintenance by a family court in January 2022. Her ex-husband paid until December 2022 but stopped paying from January 2023 onwards. She files for arrears in March 2024.
Key Considerations:
Under Section 125 CrPC, she can legally claim arrears from March 2023 to February 2024 (12 months).
She cannot claim dues for January and February 2023 as more than 1 year has passed.
She files an execution petition in the family court with details of unpaid months.
Court may direct recovery through salary attachment or issue an arrest warrant if default is intentional.
She may also request interest on unpaid arrears and legal costs.
