Maintenance execution
Querist :
Anonymous
(Querist) 20 April 2022
This query is : Resolved
Sir,
My wife has filed 125 crpc one year back for self & daughter. It is her third application u/s 125 CRPC, earlier two applications are rejected by the court. Now the judicial magistrate ordered to pay additional Rs 2000 as interim maintenance & to pay maintenance amount granted to her under 24 HMA. I am paying as per 24 HMA.
I have applied for full / joint custody of my daughter in divorce petition which is pending for six years. High Court ordered to complete divorce proceedings preferably within next three months. It appears that District judge may not even grant joint custody. Even child visitation right did not granted to me till date without any reason, but district judge force me to bear all expenses for my daughter.
It seems courts wants to create more distance between me & my daughter.
In this condition when I cannot approach my daughter, I have stopped paying additional Rs 2000 which is ordered in 125 CRPC, for non payment of Rs 2000 warrant is issued against me.
Sir,
When I am willing want to maintain my daughter, under which act court can force me to pay maintenance for my daughter ?
Can I pray before judicial magistrate (125 execution case ) that I since want maintain my daughter, my daughter may be transferred to my custody & stop my daughter's maintenance ?
How can I stop / reject interim maintenance u/s 125 CRPC ?
kavksatyanarayana
(Expert) 20 April 2022
You shall pay the maintenance to your divorced wife & daughter. For the daughter, the court may grant visitation rights if you file a petition for the purpose.
