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Amit kumar Negi (Manager)     25 April 2016

Interim maintenance not served

Dear Experts ,

I Know you all have your precious time but its  a request please HELP ! 

My friend has filled the DV case against her husband in 2014. After filling all affidavets and numerous hearings the delhi session court ordered interim maintaince of Rs25000 to the child in july 2015 but the order was challanged to reduced the maintainence and later court rejected the plea.

"Maintainance order : Rs 25000 Buy 10th Of every month + areear since dv war filled " 

Since the plea againt maintaince by husband was rejected in feb 2016 , the maintanance ordered was to be sereved by him for the previous order which was done in DEC 2015 , But He Did Not Sereved. So The court ordered the husband to serve the order of maintanance in FEB 2016 , But He Did not sereved even till next hearing in March 2016 , so court asked him to serve immidiately on the hearing date so he gave Rs 20000 and asked hime to clear areear by next hearing but still on 10th of next month he did not paid anything nor the areear and on next hearing the judge was absent for the month so the next date is in MAY 2016.

Now the execution order is filled.

 

Question 1- for not obeying the court order is leagal offence ?

Question 2- What is the next course of action ?

 

Please Help 

AMIT

 

 



Learning

 8 Replies

Vijay Raj Mahajan (Advocate)     25 April 2016

If the husband refuse or avoid paying maintenance arrears on the next date of hearing in May, the wife should request the court to order for attachment of his properties or salary as the case maybe for recover of the dues. The arrest and imprisonment of husband can also be sought as an alternate relief but that may not solve the problem of recovery of dues, rather he may in order to trouble and delay the payment to the wife may pay partial amount on the next date and seek more time to pay rest amount in future.

prabhakar advocate (advocate)     25 April 2016

If he is an employee of some organization, on the next date of hearing if he refuses to pay arrears and monthly maintenance or pay only partially,  file an application on the next date of hearing seeking a direction to his employer that every month he has to deduct the interim maintenance and deposit it in your account.  If he is not employee, file a list of his immovable plus movable properties for their attachment to recover the proceeds.  f that also not feasible, then application seeking issuance of warrant of arrest.

Dr Martin Campbell (Doctor)     25 April 2016

Seniors correct me if I am wrong.

If he does not have any property in his name, and has no regular source of income, nothing much can be done other than warrant issue and NBW issue.  If he is caught 1 month in jail, old balance clear.  Per day 100 rupees to be deposited by wife for maintaining husband in jail.

 

If he is not found in the address he provided court, then its waste to pursue this matter.

Hiren Gohel   25 April 2016

प्रभाकर, अगर तुम्हारे जैसे और थोड़े वकील इस दुनिया में पैदा हो जाये तो बेचारे मर्द तो ज़हर खाके मर जायेंगे।

Hiren Gohel   25 April 2016

प्रभाकर, ऐसी वाहियात advise मत दो किसीको। क्या उसकी वाइफ खुद कमाकर खा नहीं सकती क्या!? उसने ये कोर्ट केस करके उसके पतिका ऑलरेडी बहुत नुकसान करवाया होगा। अगर तुमको पता ना हो तो में बतादूँ के आज के ज़माने में औरते मर्द से ज्यादा कमा रही है। और सबसे बड़ी बात, अपने कायदे और कानून सिर्फ औरत की तरफदारी करते है चाहे वो सही हो या जूठी।

Amit kumar Negi (Manager)     25 April 2016

Thanks Mr. Vijay Mahajan ,Thanks Mr. Prabhakar and Thanks Mr. MArtin,

Please Answer This As Well . If He Doent Pay Then Cant We Just Initiate Contempt Of Court ?And Get Him Arrested ?

 

BHRIGU DATTA 9475352677 (PRIVATE PRACTICE)     25 April 2016

Most of the learneds have given perfict advice . I advice you for parying before court for deduction of salary if he is service person. if not pray warrent against husband.


(Guest)

This is cat and mouse game with no end. He can pay once and then delay for another 2 court dates, then you run in court praying for blah blah blah relief like the lawyers suggest. Then again he pay one month and repeat cycle. In the end the court running and lawyers fees will be more than the maintenance amount you will get in hand. Don't listen to lawyers, they give advise to increase their own work and fees. Try to negotitate a one time settlement, withdraw all cases and get mutual divorce. This is the only way to get meaningful relief and closure from marriage gone bad. If you don't undertand this simple fact you can continue the court cat and mouse game till your hair turn white. Some people learn only the hard way.


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