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General Legal Query India · 31 Dec 2025 · 7 views

Asha Sharma and Rajiv Sharma were married in 2011 and have two minor children namely, Rohan and Anika. Due to repeated incidents of cruelty and neglect, Asha left the matrimonial home in January 2023 and began residing with her parents in Noida. She filed a petition for maintenance under Section 125 of the CrPC before the Family Court, Noida. After hearing both parties, the Family Court passed an Order dated 15.03.2024, directing Rajiv to pay ₹12,000/- per month to Asha, and ₹6,000/- per month each to Rohan and Anika from the date of the petition i.e. 01.02.2023. Rajiv is employed as an Assistant Manager in a private company in Delhi and draws a monthly salary of approximately ₹70,000/- Despite having sufficient income, he has paid only three instalments of maintenance (April, May, and June 2024) and has defaulted on all other payments. As of 01.01.2025, the total arrears of maintenance amount to ₹3,06,000/. Asha issued a legal notice to Rajiv on 10.02.2025, asking for payment of arrears, but Rajiv ignored the notice. The Order of the Family Court has neither been stayed nor challenged in any appellate forum. Asha now wishes to execute the maintenance order and recover the arrears of maintenance, along with continuing monthly maintenance. Draft an Execution Petition on behalf of the Decree Holder, Asha Sharma, seeking enforcement of the maintenance Order dated 15.03.2024 passed by the Family Court, Noida and recovery of arrears of maintenance from the Judgment-Debtor, Rajiv Sharma.

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**IN THE FAMILY COURT, NOIDA**

Case No. [Insert Case Number]

Title: Asha Sharma vs. Rajiv Sharma

**Execution Petition**

Date of Filing: [Insert Date]

---

To,

The Honorable Judge
Family Court, Noida

[Insert Date]

**Subject: Execution Petition for Enforcement of Maintenance Order**

**Sir/Madam,**

1. The Petitioner, Asha Sharma, the decree holder in the above-mentioned case, respectfully submits this Execution Petition seeking enforcement of the maintenance Order dated 15.03.2024, passed by this Honorable Court, against the Judgment-Debtor, Rajiv Sharma, and recovery of the arrears of maintenance as detailed below.

2. The Family Court, Noida, after due proceedings, had passed an Order on 15.03.2024, directing the Judgment-Debtor, Rajiv Sharma, to pay ₹12,000 per month to Asha Sharma and ₹6,000 per month each to the minor children, Rohan and Anika, from the date of the petition i.e., 01.02.2023.

3. Despite the clear and lawful Order of this Honorable Court, the Judgment-Debtor, Rajiv Sharma, employed as an Assistant Manager in a private company in Delhi with a monthly salary of approximately ₹70,000, has failed to comply with the maintenance Order. Only three instalments were paid in April, May, and June 2024, while all other payments are in default. The total arrears of maintenance as of 01.01.2025, amount to ₹3,06,000.

4. The Petitioner, Asha Sharma, issued a legal notice to the Judgment-Debtor, Rajiv Sharma, on 10.02.2025, demanding payment of arrears, which was ignored by the Judgment-Debtor.

5. The Order of the Family Court dated 15.03.2024, in favour of the Petitioner, Asha Sharma, has not been stayed or challenged in any appellate forum.

6. Therefore, in light of the aforementioned facts and circumstances, the Petitioner respectfully prays for the following reliefs:

a. The Judgment-Debtor, Rajiv Sharma, be directed to comply with the maintenance Order dated 15.03.2024, and make immediate payment of the total arrears amounting to ₹3,06,000 as of 01.01.2025.

b. The Judgment-Debtor be directed to continue paying the monthly maintenance amounts as per the Order dated 15.03.2024.

c. Any other order or direction that this Honorable Court deems fit and just in the interest of justice.

7. The Petitioner undertakes to abide by any further directions or orders of this Honorable Court and seeks the speedy enforcement of the maintenance Order for the welfare and well-being of the Petitioner and her minor children.

**Prayer**

In view of the above, it is respectfully prayed that this Honorable Court may graciously be pleased to:

a. Allow the present Execution Petition.

b. Issue a warrant of attachment against the movable and immovable properties of the Judgment-Debtor, Rajiv Sharma, for the recovery of the arrears.

c. Grant any other relief deemed just and appropriate in the circumstances of the case.

Place: Noida
Date: [Insert Date]

**[Petitioner]**
[Asha Sharma]
Decree Holder
[Complete Address]

Through Counsel:
[Signature of Counsel]
[Name of Advocate]
[Bar Council Registration Number]

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.