Maintenance
minsal
(Querist) 26 November 2013
This query is : Resolved
Dear Experts,
in one of my family court matter, a wfe has filed a petition for divorce and maintenance wherein the Hon'ble court passed an order for interim maintenance from the date of the petition. my client is paying the monthly installment of maintenance regularly but due to some financial problems he was unable to pay the installment of the arrears amount. the petitioner wife filed an application against the respondent and prayed to close the defence of the respondent stating that the respondent is not paying the maintenance. we have filed the reply and produced all the receipt of the payments. the Hon'ble court considered our defence and rejected the application of wife with direction to pay a fine of Rs. 1000/- to the Respondent.
The wife did not paid the said fine amount to the husband and file one more application for issue the distress warrant against the respondent for recovery of arrears wherein she falsely alleged that "the Hon'ble Court issued a notice and warrant against the Respondent but Respondent has failed and neglected to pa the arrears of maintenance."
Dear expert I am preparing a reply to the said application but I need your guidance that what should I do to stop this nuisance? pl. help me.
thanks in advance.
V R SHROFF
(Expert) 26 November 2013
If she did not pay fine, you too apply to struct off her proceedings
ajay sethi
(Expert) 26 November 2013
enclose copy of court order in your replywherein she was directed to pay fine
R.K Nanda
(Expert) 26 November 2013
agree with experts.
prabhakar singh
(Expert) 26 November 2013
You may press that her new application is not maintainable and she can not be heard
unless she pays the cost imposed on her by earlier order of court.
Rajendra K Goyal
(Expert) 26 November 2013
Well advised by the experts, nothing more to add.
T. Kalaiselvan, Advocate
(Expert) 27 November 2013
If she has petitioned to strike off defence in default of payment of maintenance amount, you may petition to dismiss the main petition for not obeying the court order to pay the costs to the respondent.
