How to ensure compliance to family court award?
Emily
(Querist) 01 July 2013
This query is : Resolved
Pls help,
My husband filed for divorce two years ago as he has been maintaining another woman and has a daughter by her too.
After a long and trying period and much inconvenience to me, the family court has awarded that he pay me my claims and maintenance for which (settling my compendsation claim of Rs. 10 lakhs) he has asked for time till March 31, 2014. I have reason to believe that he is trying to dodge both me and the woman he is now living with and leave the country without making the payment or honouring his commitments. I sincerely request your advise on what is the best way to prevent this from happening pls?I have two teenage daughters (18 and 16) and do not agree to be left in the lurch after 21 years oif marriage - he has destroyed my whole life and completely robbed me of all my savings. Is there any way I can prevent him from leaving India without complying with the court orders pls? Do help...
Devajyoti Barman
(Expert) 01 July 2013
Immediately file an execution case for implementation of decree and apply for attachment of his property.
There you can pray for urgent relief of attachment of his passport as well.
Emily
(Querist) 01 July 2013
Thank you - does this execution case for implementation of decree, attachment of property and passport have to be filed in the family court itself pls?
prabhakar singh
(Expert) 01 July 2013
I saw your query even before Mr.Barman.
I too thought of an answer posted by him at a glance but on careful perusal of your query I found that the ENFORCEMENT Of settlement arrived at for 10 lacs HAS BEEN KEPT IN ABEYANCE BY THE FAMILY COURT ON REQUEST OF YOUR HUSBAND TILL MARCH 31,2014.
THIS ORDER MUST HAVE BEEN PASSED IN YOUR PRESENCE BUT YOU DID NOT PRAY COURT AT THEN TO ENSURE ABOUT THINGS YOU ARE NOW APPREHENDING, REQUESTING THE COURT TO PUT SOME CONDITIONS ON HIM LIKE DEPOSITING PASSPORT ETC.
AT THIS POINT OF TIME YOU CAN NOT PRESS EXECUTION TO PROCEED UPTO MARCH 31,2014.
AT THIS JUNCTURE YOU CAN INVOKE ONLY INHERENT JURISDICTION OF THE COURT UNDER SECTION 151 C.P.C. TO ASK YOUR HUSBAND TO DEPOSIT HIS PASSPORT IN COURT TILL HE COMPLIES WITH THE SETTLEMENT ORDER ONLY ON SOME PROOF THAT HE IS PLANNING TO GO ABROAD
TO ESCAPE WITH THE COMPLIANCE OF THE SETTLEMENT ORDER.THAT PROOF MAY BE AN AFFIDAVIT OF SOMEONE KNOWN TO BOTH OF YOU(a common relative or friend) WITH WHOM HE WAS TALKING SO.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 01 July 2013
The story on face of it do not look convincing.
Experts give opinion by listening to one side of the story and do not know that what are the real facts.
Why the story is not convincing because the man must be of mature age and now there is no country in the world which are waiting to absorb such persons.
More over it the person is so enterprising that he can fit in any other country than his own than ten lacs is peanuts for such person.
And if it is true that the person will ditch the current family also than what is the need of going abroad , he can vanish in this country it self.
So factually it is just possible that person may not have so much money to pay in one slot so would have requested for time and court agreed after going through his condition.
ajay sethi
(Expert) 01 July 2013
agree with prabhakar singhji
Rajendra K Goyal
(Expert) 01 July 2013
Agreed with expert prabhakar singh ji and ajay sethi ji. no more to add.
Devajyoti Barman
(Expert) 02 July 2013
Well, it is key to reply it more elaborately id whether the court has granted time till March.
Even if it has given so and the husband has not complied with the decree thereafter then I find no reason why his passport or property can not be attached.
prabhakar singh
(Expert) 02 July 2013
TIME HAS BEEN GRANTED UP TO MARCH 31,2014
DADA.
IT IS MARCH 2013 that has passed and it is 2nd july 2013.
SO MARCH 31,2014 is YET TO COME.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 02 July 2013
First of all how it can be imagined that court passed order and permitted such lengthy time limit without any factual foundation.
More over the opponent must have been present when such orders were passed.
Again without knowing the other side story how it can be believed that the person is likely to run away abroad.
prabhakar singh
(Expert) 02 July 2013
We would not be answering queries unless we believe what querists state.
Emily
(Querist) 02 July 2013
Respected Experts...
You are right - i was part of the counseling and present when the award was being signed. First of all, I am not sure how I early I could press for payments - he says he has no cash in hand but has some property which he needs to sell and therefore needs time. I was the one who requested for a timeline to be mentioned in the first place...and thats when he said he wants time upto one year - the award mentions - payment on or before 31st March 2014. Since 1992 when we got married, he has the habit of deferring payments and that is why i felt he must be planning to abscond - the moment he said he would make the payment the counsellors seemed very happy that the case is resolved - I am seeking your advise on how to pre empt such a move by him to avoid payment. Many thanks
prabhakar singh
(Expert) 02 July 2013
whatever should or i could advice have already advised without asking any addenda from you.
Let me see what ADVOCATE DEFENSE wants to say after this addenda of you.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 03 July 2013
I am vindicated.
Due to lack of expert legal action at proper stage this situation has come.
This is consent order so wait only.
No use making Absurd allegations without foundation , they are always counter productive.
Emily
(Querist) 14 January 2014
Sir,I had reached out to you earlier with the fear that my husband would leave without keeping me informed of his whereabouts as that is what he kept threatening to do. Now that is what he has done. He has changed his mobile number and resigned from his office since December - I do not know where he is - he has also not been paying me the maintenance amount for the last 2 months - can you pls advise what I can do??How do i peacefully believe that he will honour the court orders of paying me the Rs10 lakhs in March 2014 which has only 2 months more.
Raj Kumar Makkad
(Expert) 16 January 2014
You need to bring the details of the properties of your husband which may be got auctioned for the recovery of your dues.
