Domestic violence act - interim maintenance

Rohit (Querist) 18 September 2017 This query is : Resolved
My brohter-in-law hasn't been paying interim maintenance to my sister being awarded under DV ACT. We filed execution u/s 125(3) and opposite party is doing part-payment only for the pending execution amount.

Please notify whether i should claim fresh/current maintenance on the date of DV case proceedings or on the date of execution case procedings as dates are being different for both the cases. DV case proceedings date is once in 2-3 months and execution case proceedings are there once each month. Thanks

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Ms.Usha Kapoor (Expert) 18 September 2017
IN execution proceedings you can claim full payment maintenance charges from your sister's husband. Also you-can pray the Magistrate for month wise or early disposal of your sister's maintenance from her husband who is breaching the order of maintenance and avoiding full payment of maintenance..

Rajendra K Goyal (Expert) 18 September 2017
Inform the court on next hearing that the husband is not paying maintenance monthly.

Guest (Expert) 18 September 2017
Agree with MS.Usha kapoor

Ms.Usha Kapoor (Expert) 18 September 2017
Thanks you Raj Kumar Ji for agreeing with me..

Rohit (Querist) 18 September 2017
Thanks but per my limited knowledge, execution petition has fixed period as well as amount. How we can ask/force for current interim maintenance on the day of execution proceedings. Kindly confirm here. Thanks

Dr J C Vashista (Expert) 19 September 2017
Submit to the Executing Court for issuance of warrants of attachment of immovable and movable assets, salary, bank account and issuance of warrant of arrest in case his movable and immovable assets are insufficient to satisfy the execution petition.

Domestic violence act - interim maintenance

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