MUMBAI: The Bombay high court has come a Mumbai-based woman pilot's aid in her matrimonial
battle for maintenance for her two minor kids from her estranged pilot hubby. Justice Kishor Sonawane ruled that orders of the family court for maintenance can be enforced up to 12 years from the time the order is passed.
The court was hearing a petition filed by the man claiming that a 2010 order, asking him to pay Rs 20,000 as monthly maintenance to his daughters, was now invalid as his wife had approached the court only in 2015. He claimed the limitation period in such cases was 3 years. The HC bench did not agree.
"Submissions on his part rest on the misconception of legal provisions meant for execution of decree or order of the family court or passed under the Hindu Marriage Act (HMA)," said Justice Sonawane. The court said that as per provisions of the HMA and the family courts Act, orders granted by a family court are at par with those passed by the civil court. The law specifies that a litigant has 12 years to enforce a civil court's orders. "When there is a limitation period provided under Article 136 for execution of order of the civil court, the decree or order of family court under Hindu Marriage Act is permitted to be executed within 12 years," the court said.
The divorce petition was filed by the woman in 2010. She also filed an interim application seeking maintenance from the spouse. The family court, in an interim order, rejected her plea for maintenance for herself, but directed the husband to pay Rs 10,000 to each of his two kids. The husband did not respond to the order or deposit the amount. In 2015, the woman approached the court again, seeking recovery of arrears.
The husband opposed the plea, claiming that the limitation period in such cases was 3 years. As there was a delay, the family court's 2010 order asking him to pay maintenance to his children could not be enforced. The family court rejected his plea after which he approached the high court.
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