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Nilu   17 March 2021

Maintenance not paid since 20 months

Dear Experts 

Husband not paying maintenance amount of 10000 sanctioned by court since 20 months inspite of reminders.

Last month i filed a petition and was getting dates.

Recently husband filed memo stating he gave me 5 months maintenance amount in form of cash, which is false as I never ever got cash payments from him, only online deposits.

Please advice how to proceed to prove i didn't get the said payment from him.

 

Thank you.



Learning

 3 Replies

Real Soul.... (LEGAL)     18 March 2021

Just file application in court, if your husband failed to pay the maintenanace he will be jailed as that is offence .

The person on whom an order is executed must obey the order. If a person fails to pay the amount of maintenance without sufficient reason it will result in a court warrant for collecting the amount due.

The immovable property or salary of the person can be attached under a court warrant.

Even then also a person doesn’t pay the maintenance then a person is liable to imprisonment for a period of a maximum of 1 month or until the amount is paid, whichever is earlier.

The limitation period is 1 yr for filling application for enforcement of maintenance the date on which it becomes due. Otherwise, the application will be dismissed.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     18 March 2021

Supreme court recently directed that the order or decree of maintenance may be enforced like a decree of a civil court, through the provisions which are available for enforcing a money decree, including civil detention, attachment of property, etc. as provided by various provisions of the CPC, more particularly Sections 51, 55, 58, 60 read with Order XXI.

Nilu   22 March 2021

Tq Real Soul n Mr.Ramachary

I filed after 20m due to Corona pandemic n lack of funds

Im getting dates every week like a regular case, judge not passing orders for payment n neither stressing upon husband presence as he didnot attend a single date.

Tq


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