Maintenance query Maintenance query

3 months ago

LIMITATION PERIOD FOR FILING ECECUTING MC

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
Your query requires more details to respond properly, Typically MC stands for Mutual Consent in Divorce case and also meant for Maintenance Case. In mutual consent(MC) divorce there is no execution once the decree of divorce is passed. in the case of B.G Shivananjappa v. Shantha @ Ushadevi. 2004 3 KCCR 1624., the Karnataka High Court has clearly held that an application under Section 125(3) of Cr. P.C to recover arrears of maintenance would be barred by limitation if it is not filed within one year from the date on which the maintenance becomes due.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 months ago

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A.Dear Client,
The limitation period for filing an execution petition (EP) depends on the nature of the decree and the applicable laws in your jurisdiction. In general, the Limitation Act of 1963 in India sets a maximum period for filing an execution petition, which is typically 12 years from the date of the decree. However, it's crucial to note that the specific circumstances of the case, the type of decree, and any subsequent legal proceedings can affect the limitation period. It's advisable to consult with a legal professional to determine the accurate limitation period based on the details of your case and the prevailing laws in your jurisdiction.
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