JAI KUMAR Vs. MEENAKSHI

JUDGEMENT

(1.) The present appeal under Sec. 19 of the Family Courts Act, 1984 has been filed on behalf of the appellant against the Order dtd. 7/7/2023 passed in Ex. No. 34/2022 by the learned Judge, Family Court, Central, Tis Hazari, Delhi, whereby the Objections under Ss. 47 and 151 of the Code of Civil Procedure, 1908 preferred by the respondent/Decree Holder were dismissed.

(2.) Shri Jai Kumar Judgment Debtor had filed the objections under Sec. 47 and 151 CPC claiming that the present execution has been filed for recovery of arrears of maintenance @ Rs.6,000.00 per month for the period 14/9/2018 to 30/10/2022 amounting to Rs.1,74,000.00. The arrears claimed are beyond a period of three years and, therefore, is not maintainable.

(3.) It was further alleged that in Column 6 of the Execution Petition the Decree Holder had reflected that no payment has been received from the Judgment Debtor, when in fact Rs.50,000.00 have been paid from time to time during the pending litigation. It was claimed that the execution petition was, therefore, not maintainable.