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sarika prasad   22 July 2020

payment of alimony regarding

In a mutual divorce if a husband is unable to remaining alimony amount after a period of 6 months time to wife then what are the consequences of it to him and what a wife can do? Also, how does court proceed in such situation? Please tell if any law is made in this regard.


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 5 Replies


(Guest)

Mam,

A family court has the power of a Civil Court in so far execution of its decree or order is concerned. You can file application under O21 R30 CPC for claiming alimony, as it is for payment of money and may be executed by detention in civil prison of the judgment debtor, or by attachment and sale of his property, or by both.

Regards,

Abhishek Tiwari

Dr J C Vashista (Advocate)     23 July 2020

She (ex-wife) has to file execution petiton under Order XXI of the Code of Civil Procedure, 1908 for payment of balance of awarded amount within 1 year.

Real Soul.... (LEGAL)     23 July 2020

Meanwhile file an application for maintenance, and submit application in court that due to default in fulfilling the obligations you will be liable for frsh alimony and previous paid alimony to be declared as forfeited. 

Dr J C Vashista (Advocate)     24 July 2020

If you are located in Delhi/ NCR and feel so, may contact me for any sort of assistance, guidance or proceeding at : Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075 Cell # 9891152939 or email: majjagdish@yahoo.com.

Aniket Giri (ADVOCATE)     24 July 2020

Hello,
First of all is the terms of the alimony amount mentioned in the divorce application!? Or a separate agreement has been prepared??
If it's mentioned in the divorce petition, it's good or otherwise, suing for non performance of the husband on the terms of the separate agreement would be troublesome.
I would suggest that the Wife should defer the final hearing of the mutual divorce case till receipt of the entire alimony amount. Otherwise, if the decree of divorce is granted, filing of execution proceedings shall be the start of another never ending litigation.
Feel free to revert back to me if required.

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