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.

Detailed Legal Analysis

Asha Sharma can file an Execution Petition under Section 128 of the Code of Criminal Procedure, 1973 (CrPC) to enforce the maintenance order passed by the Family Court, Noida, on 15.03.2024, and to recover the arrears of maintenance from Rajiv Sharma.

Here are the steps and key points for drafting the Execution Petition:

• Title of the Petition: The Execution Petition should be titled as "Execution Petition under Section 128 of the CrPC." It should mention the case number and the parties involved.
• Parties: The petitioner (Asha Sharma) is the Decree Holder, and the respondent (Rajiv Sharma) is the Judgment-Debtor.
• Jurisdiction: Clearly state that the Family Court, Noida, has jurisdiction over the matter as the order was passed by the same court.
• Facts of the Case: Provide a brief background of the marriage, the incidents of cruelty, Asha’s move to her parents’ home, and the filing of the maintenance petition. Mention the order dated 15.03.2024, including the specific amounts directed for Asha and the children.
• Non-compliance Details: Detail Rajiv Sharma's non-compliance with the maintenance order, specifying that he has only paid three instalments and has defaulted on others, leading to total arrears of ₹3,06,000/- as of 01.01.2025.
• Legal Notice: Mention that Asha issued a legal notice on 10.02.2025, which was ignored by Rajiv, indicating his willful default in compliance with the court order.
• Reliefs Sought: Clearly outline the reliefs being sought from the court:
  • To direct Rajiv Sharma to pay the total arrears of ₹3,06,000/-.
  • To continue the monthly maintenance payments of ₹12,000/- for Asha and ₹6,000/- each for Rohan and Anika.
  • To impose penalties for non-compliance as deemed fit by the court.
• Prayer: Conclude the petition with a prayer for the court to issue an execution order to recover the maintenance arrears and enforce the monthly payments as per the original order.
• Affidavit: Attach an affidavit affirming the facts stated in the petition and the necessity for the execution of the order.

Finally, file the Execution Petition along with the relevant documents, including the original maintenance order and proof of payment defaults, in the Family Court, Noida, and pay the requisite court fees as prescribed under the appropriate rules of the court.