Non payment of maintenance
Namita Bakshi
(Querist) 21 September 2015
This query is : Resolved
My divorce case has been going on since Jan 2011. July 2013 an order was passed directing the Respondent to pay maintenance for the child under my custody. Non payment is a standard feature with the respondent, RDs were filled earlier and strike off of defence due to non payment by my lawyer, however, the same were dismissed and he was asked to clear dues within 3 months. This order too hasn't been obeyed. What remedy is available to me now, kindly advise.
SAINATH DEVALLA
(Expert) 21 September 2015
This is quite a common way to harass the petitioner the maintenance cases.
The husband often refuses to make payment for months together warranting the petitioner to file execution case which you can also file if he defaults to make payment for one month or more.
In the execution case the W/A can be issued by court if the husband continues to default in making the arrears maintenance. Once he makes the payment then the court does not proceed against it.
Rajendra K Goyal
(Expert) 21 September 2015
Agree with the expert SAINATH DEVALLA.
