Recover of interim maintenance (dv act)

Querist : Anonymous (Querist) 04 September 2017 This query is : Resolved
Hon'ble Court has awarded interim maintenance of Rs. 7000 p.m on May 2016 under Domestic Violence case being filed in May 2015. Other party appealed regarding above interim maintenance order and we settled for Rs. 5000 p.m mutually in Lok Adalat from the date of filing.

My husband is in Admin Branch in Government School of Mandi (H.P) and earning Rs. 40000. Despite of being govt. servant and having that much Salary, he has just paid interim maintenance of 7 Months (In Parts) only out of Due 28 Months.

We filed Recovery Petition U/S 125 (3) an year before in Sept 2016 but he has paid only Rs. 32,000 out of claimed Rs. 80000.

We are going to file another Recovery Petition to claim Pending last 12 months i.e Rs. 60,000 as one more year has been passed without payment as he hasn't paid any current maintenance at all (Even partial recovery amount only as stated above for earlier 125(3) Application.

Please get response to following :

1. How to resolve above. Can we just keep filing Recovery Petitions like that
2. Can we get his Salary Attached. If yes, then it will be great if you can tell me the procedure for filing that.
3. My Advocate is not helpful so it will be great if you can share Salary Attachment Application with me. I will be ever grateful to you. Thanks very much.

Follow Query

Report Abuse

R.K Nanda (Expert) 05 September 2017
no reply to anonymous query.

P. Venu (Expert) 05 September 2017
The maintenance amount granted could be got deducted from his Pay. You may file execution petition for effecting recovery from salary.

Dr J C Vashista (Expert) 07 September 2017
No reply for anonymous author.

Querist : Anonymous (Querist) 18 September 2017
Respected Dr J C. Are you interested in helping the aggrieved parties per the facts of the case or in the name of the party. Will your suggestion will be different if i tell my name John, Sharma or Singh. Focus on the case points rather than looking for all this stuff Sir. Thanks

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now