Interim maintenance order

This query is : Resolved 
 

(Querist)
07 July 2009

In a divorce proceedings filed by husband, wife files application for interim maintenance for her and 2 girl children and the same was allowed. Husband preferred revision before High Court. The lower court order was confirmed and the husband is directed to pay arrears and interest and wife was given liberty to withdraw the same.

Now husband not depositing arrears.

What is the remedy for the wife?

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Kiran Kumar (Expert)
07 July 2009

S.125 (3) Cr.P.C

If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such perosn, for the whole, or any part of each month's allowance for the maintenance or the interim maintenance and expenses of proceedings, as the case may be remainining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made;

Provided that no warrant shall be issued for the recorvery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it become due


this is the situation u can read further from the section itself.

G. ARAVINTHAN (Querist)
07 July 2009

What and from where can the wife can get for her livelihood after sending husband to prison?


file an application for arrest warrant in lieu of the arrears.

SANJAY DIXIT (Expert)
07 July 2009

Dear Aravinthan,
Whether the interim maintenance application was moved under s.125 CrPC or 24 HMAct?

G. ARAVINTHAN (Querist)
08 July 2009

It is an Interlocutory application in divorce proceedings.



Guest (Expert)
08 July 2009

I differ slightly with Mr. Kiran Kumar, as the application has not been filed under Section 125 of Cr.P.C.
Now, the remedies are:

(1) Can file contempt petition in High Court and the High Court would pressurise for payment.

(2) In addition to above, file an application in divorce proceedings for payment and seeking the court a direction that in the event of non-payment, the divorce petition filed by the husband be dismissed.

(3) In addition to above two, file execution petition.

Wish you best of luck.



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