Remedy for not paying maintenance

There are two methods to realize the maintenance under Sectin 24 of the H.M. Act.  You have to file the execution petition in the same court where the maintenance order has been passed.  Next, you can file an application for dismissal of divorce case (As per your post he has filed it).  The judge after giving one more opportunity to him and even then, if he does not pay, then he will dismiss the divorce petition filed by him.  Even then, you have got the right to recover the maintenance arrears till the dismissal of his divorce suit.  After dismissal of suit, you will come to squre one.  After dismissal, you will not be entitled to any maintenance.  For getting future maintenance, you have to file a separate case under Section 125 Cr.P.C. 

Dear Sir, thanku so much for you advice. I have heard about execution petition , the other intresting point you have made is quite new to us. About seeking dissmissal of divorce petition for non payment of maintenance. I would like to know under what provisions of law we can seek the dissmisaal of the main O.P for non payment of maintenance. It would be a great held if you could help us with some citetations.

Regards

Gehlot.

To dismiss the divorce petition filed by the petitioner is neither a statutory provision nor procedural provision. The courts evolved this process to get its commond respected. But courts, if passed interim orders in a case and they are not complied by the party against whom such order is passed, have got inherent power under Section 151 of C.P.C. to get their orders implemented by coersion.  If the petitioner fails to comply the order, and after giving the opportunity to the petitioner to comply it and even then he fails to do so,  the petition is itself dismissed.  If the defaulter is the respondent, his right to lead defence is struck off.  The logic behind this is that the one, who does not respect the command of the court is not entitled to get any relief from the court.   As these orders are dismissal in default, you cannot find citations in the law journals but if you go through daily orders of the court, you can find them. 

Dear Sir, thank you once again. It would be great help if you can prepare a petition for seeking dissmissal u/sec 151 C.P.C.  I can arrange payment for your work.

Regards

Gehlot

Dear Sir, one more small clarification. The execution petition for maitenance under sec. 24 HMA should be filed on the day of hearing main O.P or it can be filed even before it.

Regards

Gehlot

You can file it before the date of main petition and once it comes before the judge, you request him to post it on the date on which main petition is coming for hearing, so that you will be saved to serve it on the opposite party.

As desired, the draft of IA for dismissing the divorce petition is attached herewith.

INCONVENIENCE IS REGRETTED

In the file attached to the above post, some errors cropped up, where non-applicant and applicant were wrongly mentioned and especially in 2nd para, 3rd para and prayer clause.  The corrected version is attached herewith. 

thnkyou sir...pls check your gmail inbox.