Court order not follwed by my husbanad
Jalpa Kakkad
(Querist) 17 April 2013
This query is : Resolved
Last 21st march, 2013, family court give me orders, by mutual concern, now my husband not followed this compromise order, now what to do ?
judges give me maintenance orders, case no : 671/2008
I.e.first 30 months,8000/-, next 30 months, 12000/- and from 1st march 2013, 18,500/-, regualary payto me by my husband, and i have to withdraw all cases, i.e 498, 406,420, domastic violance act, and we both now neverdoe any cases on each other,like, 494, 497,etc., and we have to take judicial saperatio order from court.
My husband current salary package is 25 lac. than also i got this type of order.
I accept this order and at that time my husband mutually agreed and done compromise deed in court now he told that he will not accept this order.
now what i do. Plz. help me.
Jalpa Rajendra Kakkad
Devajyoti Barman
(Expert) 18 April 2013
You can file execution case in the same Court for attachment of his salary.
Another option is for going for Contempt of Court by filing petition in High Court only.
He would be sent track in no time.
Raj Kumar Makkad
(Expert) 18 April 2013
Had you husband to obey the law, you might not have filed the case. Now when the court has come between both of you then it shall be appropriate to get help fo tthe same court seeking execution of its own order and courts know how to force such persons to bring under Rule of Law.
Jalpa Kakkad
(Querist) 21 April 2013
Devajyoti Barman sir, thanks for reply.
Sir,1) After how many days I file contempt of court by filing petition in High court ? 2) On 21st march 2013 I got this judgement. 2) same day I withdraw domastic violance case, but luckly it will be onhold, and judge is supported me to continue that case. Should I Continue that case? or my husband file aginst me contampt of court? I I continue that case, in short i want to know HOw much time I should wait, for domastic case or contampt of court in highcourt ?
Jalpa Kakkad
(Querist) 21 April 2013
raj kumar makkad Sir Thanks for reply.
Sir, Family Court can not support me, he supported only my husband, Why I dont know. Rajkot family court's Judge is afraid that
" If he force anything to my husband, for paying money or for judicial saperation, this compromise is break up", that's why i dont feel that court or judge can not force any thing to my husband. he is afried from my husband. why I dont know.
so,please advise me legally what I will do?
ajay sethi
(Expert) 21 April 2013
your husband is minting money . he is easrning 25lakhs . he can afford to pay . take out execution application in magistrate court only . since your husband has failed to honour terms of settlement in executuion proceedings his property can be attached . your lawyer will do the needful
ajay sethi
(Expert) 21 April 2013
judges have no personal interest in any case . your apprehension that judge is afraid of your husband is misplaced
