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Family Guy (b)     07 January 2013

Maintenance arrears

In a divorce case, after the court announces interim maintenance quantum, and if the award is backdated, how much time is allowed to the respondent to pay up, from the date of interim maintenance order.

 

Also if it still remains unpaid after the allowed period, what is the next step...

 

thanks in advance..



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 4 Replies

Tajobsindia (Senior Partner )     07 January 2013

1. In the Order itself Court states by when (by which date each month is what I mean as well as by when arrears to be met) and does not leave it for husband’s imagination / understanding! So wait for a Court to announce the same and Court announces it very eloquently atleast maintenance part J.

2. In case Husband is not able to meet Order in full then he has options to part pay and seek further date for balance payment and like wise he can go on dependent on his advocate’s dharma J.

2.1 If he choose never to pay then Court takes its own course correction action, which can be struck off his defence and proceed ex parte in main case if wife is petitioner to main case or his case does not proceed further till payments met if he is petitioner or in extreme deterrent cases jail term is also may be awarded which husband later challenges so limited corrective options Court has.  

1 Like

Family Guy (b)     07 January 2013

Terrific clarification Sir... Very clear now... the doubt is raised as the arrears are likely to be over a period of 3.5 years... a substantial amount... hemce the anxiety

rajiv_lodha (zz)     07 January 2013

Then go for part payment as tajob has suggested

rajiv_lodha (zz)     07 January 2013

Then go for part payment as tajob has suggested


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