gdk (student) 30 April 2012

Execution of interim maintenance

Hi all friends,

In DVC Case, wife has got interim manitenance, on appeal and revision by husband, the lower Court Order was confirmed by MSJ and High Court.

Now, the main case is at completion stage, i.e., Wife's arguments are over and she has filed execution petition for interim maintenance.

Husband neither filing Counter for execution Petition nor giving Interim maintenance and also not completing arguments in main case.

Now, what is the fate of interim maintenance? Does wife will get interim maintenance arrears or not? If husband completes his arguments, does wife gets this arrears of maintenance?

Now what is the remedy available to wife to get interim maintenance?

Please suggest.

Reply Follow

4 Replies

Adv. Chandrasekhar (Advocate) 30 April 2012

In execution petition, counter by husband is not required. You give the list of valuable articles to the court and the court will send its official to attach the property. Give his car No. Otherwise, you can ask the court to issue arrest warrant against the husband and it can be issued. He will be put behind bars, if he does not pay maintenance.

adv. rajeev ( rajoo ) (practicing advocate) 30 April 2012

If husband is employee then get attach the salary or pray the court to issue warrant

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 30 April 2012

Dear Querist

in the execution petition the court may pass an order to attechment of property movable or immovable, attach salary, or issue arrest warrant against JD.

feel free to call