Execution Law Against interim maintenance
Neha Bajaj
(Querist) 05 June 2016
This query is : Resolved
Dear Sir...In Matrimonial case of 125 Interim is awarded to me and my minor son...my elder son is with my husband which kept forcibly and in every meeting I M asking to meet him but they are not bringing . I filed the three execution and my husband is paying one time and then making excuse in next three hearings and once he tried to pay very small amt RS 3000 and We refused the same and Judge issues the conditional warrant. He start to not appearing in executions case and out of the court his advocate told us that my husband is saying that he will not pay any more and ready to go under Custody. Finally we he cought from other court and presented in front of Judge and sent to Jail on refusing to pay the maintenance. In the mean while judge is changed and he presented after 14 days and asked him and his advocate and he refused again and sent to jail. in the mean while my advocate submitted the authority that one month jail for one month default of payment and copy also given to his advocate. In latest hearing he agreed to pay but 10 K only against the execution of 46 K and two more execution are still pending. He paid 10 K to which I refused but Judge start saying that he will earn only when he will out if custody and a statement is taken from my husband that in next hearing in July he will pay all the amt of Execution and in case of failure he will surrender himself. Now my query is 1 ) in next hearing if he bring small amt then can I refuse to take that as if he is not feeling my pain to meet my elder son then why should I accept less amt. 2) Can Judge Force me to take what so ever he is bringing ?? 3) How I can change the view of Judge that husband is intentialy not making the payment to Harras me and it is not practically happening as she is Thinking that if he will out of custody and can earn and will pay . 4) Can I transfer my cases in other court as Judge not seems going g according to law that in execution opp party has to make all the payment and how much time it is taking to transfer my cases to other court??
NANDKUMAR B SAWANT
(Expert) 05 June 2016
in case you are not convinced with any court orders , then you may file appropriate application before superior courts for relief expected.
Neha Bajaj
(Querist) 05 June 2016
Dear Sir...What I understand that Execution Law is he has to make full payment in one go. But it is different that some time we have to obey to court ( Judge) and we are taking the part payments. But when I know that after so many times it happened that opp concel ask me to why don't u rejoin to your husband and I am saying that I want to but after the hearing is over then there is no further talk on that so by this way his concel is using the emotions to save his client to make the payment in one go. Now I have decided to I will not accept any part payment they are delaying the payment intentialy.So my query is if I will not accept the part payment is there any wrong in that and can the Judge Force me to accept part payments ???
Devajyoti Barman
(Expert) 05 June 2016
1.Yes you can refuse to accept payment and apply for issuance of warrant of arrest.
2.No
3.Your lawyer should focus your plight on this.
4.Transfer of cases takes few months.
Rajendra K Goyal
(Expert) 08 June 2016
1 ) You can refuse and prey the court to move as per previous orders.
2) Court may not order so, even if not satisfied may proceed with appeal.
3) You can plead through your lawyer, leave rest to court.
4) Not recommended.
