Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Guest)

Recovery of alimony

Me and my husband have got mutually divorced 3months before. In the decree its mentioned that he will pay Rs 20000/- per month maintenance, half for me and half for my son in my bank account every month. Within 3 months of divorce, my husband has stopped paying me the same and sent me an sms that he is in a miserable financial condition, which is absolutely hopless. He is earning more than 15lakhs and I am even aware of his employer. My questions are as follows:-

1. What can I do in this situation?

2. Once a petition has been filed, mediation has happened, order has been passed - Can my husband again change the terms mentioned in the petition

3. In the decree it has been mentioned that never ever my husband and family would ask for visitation of my child. However whenever I remind him of the alimony payment, his family threatens me for taking my child. Can they ever claim the child later though its mentioned in the decree that they deny the visitation forever.



Learning

 5 Replies

Tajobsindia (Senior Partner )     07 April 2013

1.    Hire via reference an advocate or take assistance from your earlier advocate.

2.    Via advocate send using RPAD first a Legal Notice to him giving reference of Decree and annexing certified copy of Judgment where it is mentioned parties will abide to terms and conditions and mention by when the amount to be paid failing which face legal action. SMS is no concern of yours as it is bald for purposes of any evidences for future for a reason if he is bankrupt he can always take recourse of amend Decree which he didnot opt for instead sent 'private' SMS. Further if a samrt advocate is there to your rescue same (such SMS post divorce) comes under DV Complaint if Madras HC's that infamous post divorce DV is applicable is taken here :-)

3.    If by deadline he pays well enough fine, matter for the time being closes.

4.     If not then it is opined to file two cases, one before DB of Hon’ble HC as to me it seems matter adjudicated by a FC and another in ordinary civil court jurisdiction; i.e. one under Contempt of Court Act (civil) and another for Civil recovery of amount. Serve upon him Process of the both courts. Under prayer in first case pray for fine (civil) along with recovery of amount from ex husband. In second case under prayer pray for direction for recovery by attaching part of his salary from his employer and as an and/alternate prayer mention recovery from his any/all statutory entitlements (PF / gratuity / bonuses) if he has already left the Job upon receiving Process of the courts and till that time get allowed ex-part restraint Order i.e not to disturb / release effected of his above mentioned statutory entitlement by making such authorities parties to a separate Misl. Application when you approach Civil court! In both Court cases additional prayer should also be for granting ‘heavy ‘cost of litigation’ orally alleging his high paying Jobs since / past MCD of parties as inference.

5.    Now see how fast he comes back to his senses on fulfilling his committed legal obligation once he receives above two suggested simultaneous Processes of the Courts J

6.    If decree talks of giving up on his rights on child visitation then the aggrieved party showing ‘change of circumstances’ can only lay ‘child visitation’ claims and not by mentioned in your brief alleged coercive techniques by him / his side of family rest be assured on this.


[Observation:
If he is said to be earning 15 L then for the purpose of MCD lump sum should have been asked for a reason in my opinion no person all of a sudden start to be seen earning 15 L and it is obvious he should have climbed some corporate ladder down memory lane to be alleged to be earning 15 L all these have inverse bearing to his so far statutory accumulation (PF / Gratuity / Bonuses etc.) too as some ‘finances inference/ability’ of opposite person also should be plead from where ‘recovery’ cometh]
This minor observation is to be read with above reason not in isolation for not to come to this abrupt situation to re-start court sightseeing again ! However it is my limited observation which may be also read not to have known full earlier facts of parties in the brief how they reached to MCD stage which is all understandable, nevertheless remedy is also suggested which is what you may opt for overlooking the observation.

2 Like

(Guest)

 

Me and my husband have got mutually divorced 3months before. In the decree its mentioned that he will pay Rs 20000/- per month maintenance, half for me and half for my son in my bank account every month. Within 3 months of divorce, my husband has stopped paying me the same and sent me an sms that he is in a miserable financial condition,

 

Dear,


Even he was once your husband and he is telling that he is in financial trouble.  Why dont you believe him as a friend and ask him when could he give money?


Try giving him a chance.



And I'd suggest that instead of begging money, no doubt it was MCD on agreement to pay 20k per month, but why dont you try and work, get some job instead of looking at the ATM slip for alms?


Women should also be self-dependent, as it is not just he agreed for divorce, you did too, the guy is having trouble with money.



Try finding a suitable job,  start afresh.


There are many other ways to get money from non-paying ex.  But those legal things are time consuming and it wont ever stop, you will become a regular customer of the court halls.  


You can do as follows, provided you dont take the above suggestion, which I know you wont take.

 

1. What can I do in this situation?

Approach court for nonpayment of alimony.  Arrest warrant will be issued, for nonpayment of alimony.  Evading arrest, will lead to NBW.  Now if he is caught, he wont get bail, and has to sit inside, and you will have to pay money for his maintenance in the prison.

 

 

2. Once a petition has been filed, mediation has happened, order has been passed - Can my husband again change the terms mentioned in the petition

 

Your husband is not taj mahal of agra or the Red fort in Delhi that he wont change nor his circumstance will change in the future.  He can always tell due to change of circumstances his income has decreased and ask the judge to readjudicate the alimony, he can even knock the doors or HC or the honorable supreme court too.


 

3. In the decree it has been mentioned that never ever my husband and family would ask for visitation of my child. However whenever I remind him of the alimony payment, his family threatens me for taking my child. Can they ever claim the child later though its mentioned in the decree that they deny the visitation forever.

 

All money matters ok.  But he is still your child's father, how can he even if stated not visit his child, in the decree?  It is inhuman to ask the father not to visit his child, and also the grand parents.  AGreed that you both could not get along.  But its not the fault of the child right.  You have to let go off the ego here, let the father visit the child, try and have cordial relations at least here.


For claiming the child, yes they can, in the future.


3 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     07 April 2013

agree with experts

1 Like

cm jain sir (ccc)     07 April 2013

In all the platforms, women cries that women are equally capable to men. They cries equal rights. If your husband - a man can earn 15L then why you are not earning. You also show your talent and earn 15L. Why you want free money? It is shameful for our society and culture!

1 Like

Krishna Kumar (Business)     08 April 2013

You want only money from your husband and not him. And decided the same to your child also. Am not sure why you afride of his visitation on your child and always claiming as 'my child'. Don't spoil your child because of your ego.

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