Domestic violence
Swathigeetha
(Querist) 12 June 2017
This query is : Resolved
Respected members, interim maintenance granted 6 months back for me and my kid. Still 4.5L arrear amount should be made by husband. As I wanted to join my son in better school I have been asking for clearance of some amount from arrears for school fee payment from March, they threw deaf years. Cross examination will begin from next date. Help me with any suggestions to recover arrear amount. Thank you.
Guest
(Expert) 12 June 2017
Admit your son in the school you prefer without wait of payment of arrears of maintenance. In the meanwhile, make application to the court for direction to your husband to pay within a specified period or to attach his property for failing to the arrears.
Dr J C Vashista
(Expert) 12 June 2017
I agree with the expert advise of Mr. PS Dhingra.
What is monthly amount of maintenance for both of you? How did this amount accumulated for arrears? Have you ever demanded through execution petition?
Number of other related questions on the subject to be clarified before forming an opinion, whatsoever, what is the advise of your counsel? Proceed accordingly.
P. Venu
(Expert) 12 June 2017
What is the amount of interim maintenance granted? If he is salaried employee, his pay could be attached.
Advocate Suneel Moudgil
(Expert) 12 June 2017
File execution for the arrear maintenance amount, get his property/salary/bank account etc attach, and get the same within a short span of time.
Guest
(Expert) 12 June 2017
Dear Dr. JC Vashista,
Thanks for agreeing with me.
Swathigeetha
(Querist) 12 June 2017
Thanks everyone for the reply. Interim maintenance of amt 20,000/- granted for both of us. His salary details not yet produced. My counsilor says I need to file memo of calculation in next date. Sent a letter to his HR through court for salary details,but returned saying no such employee is working. As he admitted in his reply that he is earning some amount(which is not his actual salary as he is getting double To it),based on that monthly maintenance allowed.
Rajkumar Tiwari
(Expert) 12 June 2017
Well advised by Expert MR. P.S. DHINGRA Sir. I agree with him.
Guest
(Expert) 13 June 2017
Raj Kumar Tiwari ji,
Thanks for agreeing with me.
Rajkumar Tiwari
(Expert) 13 June 2017
@ MR. Dhingra, You are most welcome Sir.
Dr J C Vashista
(Expert) 14 June 2017
You should request your counsel to submit the facts with respect to his details of employment and salary before the Court, in writing, may it be via notice under Order XII Rule 8 CPC.
