rajyalakshmi (abd) 06 August 2011

498 and enforcement of maintenance order

Can anyone advice. I have applied for divorce in indian court and mr bhimireddy lives in UK and has a government job. We have a child and he has not paid any maintenace for the child till date. I have filed a 498 on him and am looking to get the red carpet pemission to deport him. Will i succeed and will he lose his job? i am also looking to enforce a maintenance order and send it to his HR.

Please advise.

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3 Replies

Bhawani Mahapatra (Law Officer) 06 August 2011

As per your version, you have only filed a case U/s- 498 IPC, you have to wait till the disposal of the case. It will be improper to state whether you will succeed or not.

(Guest)

Facts disclosed are not clear. Filing of divorce petition is independent of maintenance for child. Child has an independent right to claim maintenance through his next friend. Claim for maintenance is a civil rght. Please sought advise from some advocate to whom you trust.

THANKACHAN V P (Advocate & Notary) 06 August 2011

1.Hope you might have filed the complaint under section 498A (not 498 ?)of the Indian Penal code.It is not easy to bring him India in a case like 498A. So you have to wait till he arrives.The court will declare him as abscondinge and it can continue only after he appear before the court.

2. You can file maitainance petition for your child before the court and you can obtain an exparte order now.