Alimony not paid
Preeti
(Querist) 21 November 2013
This query is : Resolved
Hi, My husband and I were married for 14 years and we got divorced on 14/09/2012. He had paid the alimony amount in three installments of Rs. 9,00,000/- each in post-dated cheques. The first installment was paid on the day of the divorce. The second cheque was dated for 14/10/2013 and the third cheque is dated 14/12/2014 for which he had done stop payment. Can he do that? Can I demand the rest of the amount , i.e. the last installment also paid to me without waiting for next year? I don't trust him anymore.
Please advise.
Regards,
Preeti
Advocate M.Bhadra
(Expert) 21 November 2013
File a suit for Claim of Alimony with necessary documents in a Family or District Court or you can file a case claiming Maintenance in Judicial Magistrate Court.
*Woman cannot be debarred from maintenance after divorce: HC
Agencies
Posted: Aug 27, 2008 at 2024 hrs IST
Allahabad, August 27: In a significant judgement, the Allahabad High Court on Wednesday ruled that a woman was entitled to claim maintenance from her former husband even if she had earlier agreed not to do so by way of a compromise.
Passing the judgement, Justice M K Mithal set aside the order of family court at Kanpur of January 18, 2005 in which the application of Manorama, seeking maintenance from her former spouse, was rejected on the ground that they had reached a compromise in the civil suit by which the wife had accepted a lumpsum amount and agreed not to claim any maintenance in future.
The court also turned down the husband’s plea that Manorama be debarred from claiming maintenance on the ground that she had, at the time of granting of divorce by mutual consent, agreed not to claim maintenance.
“The right to claim maintenance under section 125 of the criminal procedure code is a matter of public policy and not of an individual. In such circumstances, the right to claim maintenance cannot be waived by mutual agreement,” the court observed.
Moreover, it added, “any contract which is opposed to public policy is void and thus in-spite of any such agreement, the wife cannot be debarred from claiming maintenance until she remarries and is able to maintain herself.
*New Delhi: Nearly three decades after her divorce, a Delhi woman has been able to secure maintenance for herself and her son from her former husband in a court here.
It took the city's lower judiciary 17 years to decide the woman's maintenance plea, which she had filed belatedly in April 1995, 12 years after her divorce in 1983 due to lack of awareness of her legal rights.
As the Tis Hazari courts adjudicated the plea, the woman spent the prime of her life waging a lone legal battle, while her son turned a major and attained an age after which he required no maintenance.
A city sessions court, on March 25, finally ordered Delhi's Tilak Nagar resident Inderjeet Singh to pay maintenance to his divorced wife Jasbir Kaur, dismissing his appeal against a magisterial court's order of May 26, 2010 for maintenance to her.
Singh, a former sergeant with the Indian Air Force, was asked to pay alimony to Kaur by Additional Sessions Judge (ASJ) Rajneesh Kumar Gupta who said, "It is a settled law that a divorced wife is entitled to and can claim maintenance till she remarries. Divorce does not end the right to maintenance under Section 125 of the Criminal Procedure Code."
ajay sethi
(Expert) 21 November 2013
issue him legal notice to pay Rs 9lakhs . if he fails to pay take execution proceedings .the last installment is not due yet . so you cannot demand the same
ajay sethi
(Expert) 21 November 2013
law commission has recommended that failure to pay alimony be made a criminal offence by amending indian Penal code . husband who has means fails to pay be punished with fine upto twice the amount or sentenced to rigorous imprisonment which may extend for period of 6 months
Preeti
(Querist) 21 November 2013
He is in the Merchant Navy. If he has sailed out of the country what will my next step. He will not be there to receive the legal notice.
Rajendra K Goyal
(Expert) 21 November 2013
The process to serve notice would be taken as per law.
V R SHROFF
(Expert) 21 November 2013
He is bound to pay with accured interest. Send notice to his employer, file 138 too, , his passport will be kept by court till he finalise your dues.. He may loose his job too.
Preeti
(Querist) 22 November 2013
Thanks a lot for your advice.
ajay sethi
(Expert) 22 November 2013
thanks a lot for your appreciation
