Sangeeta Kumari (Principal IP Associate) 19 September 2025

Domestic violence

I am a single mother living with my 2 daughters in greater noida. I had filed a domestic violence case against my husband in nov 2021 in sursjpur court.He tried for forced entry twice but the law supported me as he attempted to murder me initially.

To give me mental and physical stress,he had filed a case for legal separation in Karkardooma court last year. I had to commute alot from greater noida to dekhi for the headings. It was dismissed later. Recently he has filed divorce for the same reason there

My stree dhan and the jewellery I got from my parents are within the in-laws custody. Court had ordered 8000 monthly maintenance which is piling up since 2021. He is not paying giving a nonsense reason that she is working. He is not at all ready to take responsibility of the daughters. He has a personal verna car and a bullet motorcycle which he can sell and pay the dues. But even court is doing nothing in this case

I am keeping unwell nowadays, have no security what will happen to my daughters after my death. He is waiting for this time only so that he throws my daughters out of the home and occupy the flat.

I need this flat, the pending maintenane money and my jewellery. I am ready to give him divorce in return of fulfillment of this demand. But he is not at all ready to give anything to his daughters or me.

I request everyone present here to please guide me so that I proceed further. Ang legal provisions which I can take help.from.

Thanks in advance

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8 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 19 September 2025

You can file a police complaint against your husband under the DV Act, and the police will take action against your husband. For this, you do not have to go to court. After a Dv case, you can file a case for maintenance for you and your female children against your husband. Engage a knowledgeable advocate in the matter.

T. Kalaiselvan, Advocate (Advocate) 20 September 2025

If he is not complying with the court order to pay the maintenance then you can file a collection petition and seek to arrest him as per law for not obeying the court order and for not paying the maintenance amount as ordered in the maintenance case.

Dr. J C Vashista (Advocate ) 20 September 2025

Did you (your lawyer) file an execution petition for the outstanding and accumulated amount of maintenance awarded in your favour ?

Similarly for the recovery of streedhan illegally and forcibly retained by your husband, did you move to the court through your lawyer ?

If no, how does the law help you recover the amount ? If so, what is the result ?

Advocate Bhartesh goyal (advocate) 21 September 2025

Yes, if your husband is not complying with maintenance order and deliberately violating court's order then file an application before court u/sec 125(3) Cr.P.C or 144(3) BNSS and seek his arrest order..

Sangeeta Kumari (Principal IP Associate) 21 September 2025

Vashista sir

Execution petition has already been filed for both past years, judge said if any order is passed to release streedhan, there would be nothing left in the case. So, no action had been taken. Par the judge, it comes at final disposal.

Dr. J C Vashista (Advocate ) 22 September 2025

@ Sangeeta ji,

Please appreciate the fact that execution of maintenance order is different and separate to recovery of streedhan.

The judge shall never (NEVER) say / order as stated by you, that,

"if any order is passed to release streedhan, there would be nothing left in the case.

So, no action had been taken.

Par the judge, it comes at final disposal"

However, for the sake of arguements, which is otehrwise not accepted, you may file a transfer petition for assigning your case to some other Court, before District Judge.

P. Venu (Advocate) 22 September 2025

Admittedly, court have been approached and orders have been issued for your protection and grant of maintenance. It appears that implementation tardy. Any meaningful suggestion requires that judicial pronouncements be perused and issues discussed.