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pleasehelp   03 October 2017

Alimony/ maintenance issue

I filed for divorce recently. I have following queries.

1. I am afraid my husband will not pay me interim maintenance and/or permanent maintenance as per court order. If he really does not pay me interim maintenance and/or permanent maintenance as per court order, what steps I can follow to force him paying interim maintenance and/or permanent maintenance as per court order? 

2. Can I get lump sum interim maintenance in lieu of monthly interim maintenance?



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 5 Replies

Vijay Raj Mahajan (Advocate)     03 October 2017

1 The court order for maintenance can be got executed where on his refusal can be sent to jail as well his property and salary attached. This order by no means can be ignored or avoided in toto. 2. No the provision of monthly order for maintenance can not be made in lumpsum as the husband can always refuse to agree for it if he doesn't have means to pay huge sum in lumpsum being in service.

Siddharth Srivastava (Advocate)     03 October 2017

As such court donot allow maintenance in lump sum. If court award maintenance then if husband does not pay awarded amount then you can file execution petition for executed of order and court has power to attach salary,property of the husband to recover the amount and even can order for arrest of husband till he does not pay the awarded amount and arrears there on. Consult your lawyer with details.

P. Venu (Advocate)     03 October 2017

The postings appears to be purely hypothetical. The laws of our country is provided with teeth to enforce what it orders!

Sachin (N.A)     03 October 2017

Intead of sitting idle and  posting hypothetical question why don't you earn and start living respectable life.

1 Like

Adv Radhika Mehta (Advocate)     03 October 2017

Originally posted by : pleasehelp

I filed for divorce recently. I have following queries.

1. I am afraid my husband will not pay me interim maintenance and/or permanent maintenance as per court order. If he really does not pay me interim maintenance and/or permanent maintenance as per court order, what steps I can follow to force him paying interim maintenance and/or permanent maintenance as per court order?

If your husband does not pay you interim maintenance, you have the option of getting his defence struck off for non-compliance of orders.  If he does not pay the permanent maintenance, you can approach the courts again and file Recovery proceedings etc. There is nothing which you can do to "force" anyone but you have remedies available to you like attachment of his properties etc.  

2. Can I get lump sum interim maintenance in lieu of monthly interim maintenance?

The Court generally do not award lumpsum amount during interim stage.  As far as the permanent alimony is concerned, it solely depends upon the courts discretion. 

 


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