Whether for the execution of interim maintenance order of honourable court filing of execution petit

JAVED AFZAL (Querist) 26 October 2015 This query is : Resolved
A poor lady (Petitioner) filed application under 125 CR.P.C and the learned court granted interim maintenance but the husband(Respondent) not paying the Interim maintenance amount. Please guide me what shall she do now or she has to file execution petition or what is the procedure to get interm maintenance from her husband.Now the case is on prosecution evidence

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Guest (Expert) 26 October 2015
Better Put her On to the Free Legal Aid Forums For Women in almost all the Courts and they would take Care.Your intention is Appreciated.

Rajendra K Goyal (Expert) 26 October 2015
She should obtain assistance from Free Legal Aid Center working almost in all courts.

JAVED AFZAL (Querist) 26 October 2015
Dear Exper
She has already filed Application under section 125 CR.P.C under free legal aid. But my question is that LD court ordered interim maintance but her husband is not paying the same. Pls intimate me for execution of interim maintance she should file an execution application or what should she do

K.S.Srinivas (Expert) 28 October 2015
1) The husband is bound to comply with court order of payment of interim maintenance by 10th of each month

2) if he has failed to pay arrears of maintenance you are at liberty to take execution proceedings for his arrest .

3) in the alternative if her husband is salaried employee seek order that maintenance amount be deducted from his salary and credited to her account.

4)She may file a execution petition against him under section 125 ( 3 ) crpc before court for maintenance. If he is not making the payment within the time as per order then the court have power to issue arrest warrant against him and send him behind the bar till the payment or one month for every non compliance.

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