LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Rajvir (AP)     16 October 2015

What if husband do not pay child maintenance after 11 mont

A case of divorce and maintenance is pending before family court in Mumbai. The case has been filed by Wife X side in 2011 against husband Y. The court ordered the husband to pay child education and maintenance money to wife X as the child is living with her (X). After 11 monts of court order of  installments the Husband Y is not paying maintenance money to wife since 2014 (May). The divorce case is still pending till date no evidance has been called by court although the husband and wife are attending the court on each and every date. The wife X has not claimed the maintenance for her as she is urning handsome money. The husband was engaged in the business with his father and is still engaged but before society he is saying that he has left the business and is now not earning. 

Under these circumstances,  What action can be taken against Husband Y by Wife X? 



Learning

 3 Replies

advocatepassy@gmail.com 971794 (Advocate)     16 October 2015

X can file an appeal in the court to make its order execution able

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 October 2015

As the husband is not paying maintenance to the child; he is the erring party. He can not take any action against the wife. She is at liberty to not lead evidence unless maintenance amount is paid. She can also get the defence struck down for the defendent for non-payment of maintenance.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

LegalFighter (test)     21 October 2015

Yes , Husband can still drag the case at HC if wife goes for appeal or execution order till wife getting the arrest warrant.After arrest warrant husband can pay half of the amount at HC, so that he can get stay for arrest.Wife can do all govt. formalities and collect that money from HC.She needs to bribe a lot to collect that money.Every year wife has to roam to HC and do the same.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading