Maintenance case , dv case
Kanika
(Querist) 11 July 2018
This query is : Resolved
I filed a dv case on which hearing on 16 may 2018 was for misc. Arguments on interim maintence on which my husband said that he cant pay because he is working on contract in college and he is earning
70, 000rs per month. On next date for the order on application for inerim maintenace he was absent .. i m living on rent with my mother and brother and i am not working.
If court orders for interim maintenance and my husband deny to pay.. then what should i do?
Vijay Raj Mahajan
(Expert) 12 July 2018
Get the order for maintenance executed by the court, your husband will be forced to pay you unless he moves higher court/session court in appeal or revision against such order and get stay from the higher court.
Vikas Tiwari
(Expert) 12 July 2018
Rightly advised by Mr. Mahajan....
File execution petition u/s. 125 (3) of Cr.P.C. before the same magistrate who passed the maintenance orders. Once you file execution petition, the husband appears and if he does not pay, the court will attach his property or issue warrant of attachment of his salary.
Dr J C Vashista
(Expert) 12 July 2018
Seek help and guidance of your lawyer, who is well aware about the facts and circumstances of the case.
