Matrimonial dispute
NAVNEET GUPTA
(Querist) 05 July 2010
This query is : Resolved
Againt my client(lady) a divorce petition is pending U/s 13 at Jammu and her husband who in U/s 125 CrPC has voluntarily agreed to pay her Rs.2000/- per month but since last 10 months he has not paid any single penny. My client has no source of income and is purely idle.
Whether she can go to the house of her husband by applying Domestic Violence Act and whether her such move will affect her in above said case
RAKHI BUDHIRAJA ADVOCATE
(Expert) 05 July 2010
Dear Navneet,
U should file the execution petition for the rescovery of the maintenance amount. Again I've judgement if the husband fails to pay the maintenance he will have to five interest upon the maintenance amount. As per as the DV act is concerned as per the judgement of the Hon'ble HC of Delhi a complaint can be filed at any point of time under DV Act.
DEFENSE ADVOCATE.-firmaction@g
(Expert) 05 July 2010
The question of navneet is about overdue payment,if the wife is really cruel he has to go in prison for each default.
If he changes address not tracable to ex wife all problems get solved.
Khaleel Ahmed Mohammed
(Expert) 11 July 2010
File a petition U/S 125(3) of Cr Pc for the recovery of arrears payable by the husband with a request to the court to arrest the husband .
Going to the husband house is the choice of your client.
