Manju (no) 30 March 2014

Husband is not paying interim divorce maintainance

Hi. I am going through divorce. And its under process in Singapore court. But we have moved in India due to husband's transfer. Until we were in Singapore he was paying me maintainance on time. But after moving to India last seven month's before, He is not paying me maintainance as decided by court.

He is appealing all the judgements and asking more time to court. Since last seven months he did not pay my rental, kids expenses and other necessary expenses. He is just paying me only 2% of decided amount, from which i cannot buy monthly grocery also.

I went to see couple of lawyers in Pune but everybody is giving me different opinion.They said Indian law has so many ways from which husband can run away. Till today not even single husband had gone to jail. So its better to do out of court settlement. Its not worth to fight for my and kids rights.

SOmebody suggesting file domestic violence but still no gurantee. And before starting any procedure they staryed asking payment only.

He works in Pune on high post. Also had huge income. But I am asking for maintainance from which me and my two small kids can survive.

Any suggestions???

Reply Follow

7 Replies

Kapil Gupta (Advocate) 30 March 2014

Dear ma'am, you should go to the court under section 125 CrPC with producing the order of the court of Singapore. That'll be treated as evidence and the court will issue him a notice and ask to pay tge declared maintenance. Thank you

T. Kalaiselvan, Advocate (Advocate) 30 March 2014

The judgment order passed by a foreign court is not binding here in India for execution until there is a specific order by that court to this effect. If your marriage was performed in India as per Indian laws, you are entitled for a maintenance amount from your husband and you can file the same u/s 125 Cr.P.C.. The copy of the orders passed by Singapore court can be attached as corroborating evidence for your case. Besides, if there are no chances for reunion, you may even file a petition for divorce and i he agrees, under a mutual consent. That way you can even ask for permanent alimony or one time settlement of a major amount too. Consult a good lawyer and move as per his advice.

Gautam Kapoor (IT professional Studying Law) 30 March 2014

Mr.Kapil - pls can you kindly do a thorough read before meting your kind suggestions

Gautam Kapoor (IT professional Studying Law) 30 March 2014

or judgements per se

Gautam Kapoor (IT professional Studying Law) 30 March 2014

My question to Learned Mr. Kapil - if divorce in a foreign court is not vailid in India .. How would you seek maintenance ? I will be quite enlightened.

fighting back (exec) 30 March 2014

as per advice of advocate kapil:

the court will issue him a notice and ask to pay tge declared maintenance.

i agree with gautam, how will the court ask him to pay the 'declared' maintenance? under what rule of law? according to you, mr kapil, is the judgement of a forgien court binding in india?

Samir N (General Queries) (Business) 31 March 2014

Typically orders from foreign courts CAN be enforced by local courts but need not be. The local Courts have to decide that, or altering them. In your case, the divorce proceedings did not go through, the maintenance must have been decided based upon his earnings there and the criterion set there. Therefore, that Singapore Court Order will not be enforceable here, as-is, for sure.

You say he is "appealing all judgments." Which judgments? If from Singapore Courts, those proceedings are meaningless if the two of you are Indian citizens and do not plan to return there.

You have two kids. In their interest, now that you are here in India, perhaps you two need to try and work it out and get back together. Do not rush to file cases at this time. Take some time to rethink. Try to convince him too. May be you need to make some sacrifices too.

As for maintenance, if he does not provide for the same, yes you can go to the Court to file just maintenance application. Advocates will ask you to file all kinds of cases. Please do not do so at this time. File just the maintenance case(s). No DV or criminal cases please... After all he is the father of your kids. Worst case scenario, things do not work out... file a regular divorce case but nothing more. Other cases will only help advocates fill their pockets and give them an opportunity to drag your case. They may appear to harass him in the short-term but in the long term will torture both of you.