Arrears of maintenance

Hinaben (Querist) 08 May 2018 This query is : Resolved
Sir I have filed maintenance case against my husband in 2014 and in February 2018 order passed by chief judicial magistrate of rupees 5000 p.m. then next day I applied for arrears of maintenance of 45 months round about 230000 and notice was served to my husband. My husband is government servant with salary about 30000. Now he intentionally trying to delay recovery by submitting RS 5000 on third date of CrPC 125(3). And on the other hand the regular maintenance amount of Rs 5000 p.m. is getting pending. So what I should do to get arrears of recovery as early as possible and to get my monthly maintenance amount within time. My husband says he is financially weak. He doesn't have any responsibility other than me and in maintenance order it has been agreed by magistrate. So please guide me in this situation. And I want to know how much time my husband can get from court to pay me arrears of maintenance as he is well earnings government employee

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Ms.Usha Kapoor (Expert) 08 May 2018
Probably soon he will pay your interim maintenance an d arrears of maintenance as per the court orders.If you are educated soon you start maintaining yourself through some gainful employment somewhere.Depending for everything on husband wounds one's pride.

Vijay Raj Mahajan (Expert) 08 May 2018
If the husband fails to pay the arrears of maintenance, the court can get him arrested and sent to jail if he has no financial sources to pay the arrear amount.
You can always request the court to attach his salary, provident fund and bank accounts to recover the arrears from him. If even after doing these still there exists amount in arrear, the court can get him arrested and sent to jail till he clears the debts of the maintenance amount to you.

Kumar Doab (Expert) 08 May 2018
If possible and workable try to save the marriage and also persuade the spouse to work more and be financially healthy..and you may also contribute..

Or appraise the court of all assets of spouse..
The court does have the power to send spouse to jail in case of defaults.....
Such action may permanently end the scope to resume the wedlock..

Ms.Usha Kapoor (Expert) 09 May 2018
Already I'e posted answer for this query.

Dr J C Vashista (Expert) 09 May 2018
Did you ask the question from your lawyer? If so, what is his/her answer/guidance and advise? If not, why?
However, I agree with expert advise of Mr. Vijay Raj Mahajan but unable to follow and digest opinion of impersonating person who have "no" legal knowledge.

Kumar Doab (Expert) 09 May 2018
Vashistaji,

Who are these whom you time and again claim as have NO legal knowledge and from abc.......!

The abc was favorite advertisement and shouts and hoots of contagious IT=@PSD.

Kumar Doab (Expert) 09 May 2018
Vashistaji,

Pls recall that IT =@PSD has shot arms/armstwisting/armsbreaking to you and Mr. Vijay Raj Mahajan, Ms. Usha Kapoor and all experts, members, querists/authors....LCI Admin

You may not recall a single name that was spared except IT's=@PSD's other multiple fake ID's..