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superstar (supervisor)     27 June 2011

Adivce Maintenance

Court has directed to monthly maintenance from my husband. but till today (8 months) he has not paid the maintenanace. Nor he is attending the court. what will next action from court. right now my husband is not staying in that house. What will law next course of action. how could be trace him as he changed his address, telephone no. Please advice



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 5 Replies

Adv Aileen Marques (Lawyer)     27 June 2011

You can make an application for recovery of maintenance. Under which law has maintenance been granted? Depending on the law, you can be specifically guided.

Generally an application for Recovery under Sec 127 CrPC, can be made. The notice will be sent to the address last known to you. If any relatives stay there and do not accept the notice it will be sent back. 

You can send the notice to the employer of the husband and/ or to his permanent address.  

Saurabh..V (Law Consultant)     28 June 2011

@Superstar

 

The court in which you won the case for your maintenance, you should approach that same court. Mention that you husband has defied the order of the court and in absconding now since 8months.

 

The court itself would issue Non-Bailable Warrants which would be executed by the local police.

 

All the best ..

 

//peace

/Saurabh..V

Adv. Chandrasekhar (Advocate)     28 June 2011

You have to file execution petition in the court where you got maintenance order.  In the execution petition, you mention his last known residential address and also official address.  You also supply to the court the list of movable articles, the details of bank accounts and immovable property.  By attaching them, the court will try to realise that amount.  If it is not possible, he will be sent to jail for realizing that amount.  If he does not have property and he is not traceable, then the court will declare him as "proclaimed offender".

superstar (supervisor)     05 July 2011

Court has directed to monthly maintenance from my husband. but till today (8 months) he has not paid the maintenanace. Nor he is attending the court. Court has issued warrant against him. But my husband is not staying in the last address we know. he has already vacated that house. please give advice how to trace him

Jamai Of Law (propra)     05 July 2011

You are giving incomplete information ........... who's the petitioner? husband or wife ......... what type of case? ........ is it interim order or final one? ......

 


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