Interim maintenance not served

If the husband refuse or avoid paying maintenance arrears on the next date of hearing in May, the wife should request the court to order for attachment of his properties or salary as the case maybe for recover of the dues. The arrest and imprisonment of husband can also be sought as an alternate relief but that may not solve the problem of recovery of dues, rather he may in order to trouble and delay the payment to the wife may pay partial amount on the next date and seek more time to pay rest amount in future.

If he is an employee of some organization, on the next date of hearing if he refuses to pay arrears and monthly maintenance or pay only partially,  file an application on the next date of hearing seeking a direction to his employer that every month he has to deduct the interim maintenance and deposit it in your account.  If he is not employee, file a list of his immovable plus movable properties for their attachment to recover the proceeds.  f that also not feasible, then application seeking issuance of warrant of arrest.

Seniors correct me if I am wrong.

If he does not have any property in his name, and has no regular source of income, nothing much can be done other than warrant issue and NBW issue.  If he is caught 1 month in jail, old balance clear.  Per day 100 rupees to be deposited by wife for maintaining husband in jail.

 

If he is not found in the address he provided court, then its waste to pursue this matter.

प्रभाकर, अगर तुम्हारे जैसे और थोड़े वकील इस दुनिया में पैदा हो जाये तो बेचारे मर्द तो ज़हर खाके मर जायेंगे।

प्रभाकर, ऐसी वाहियात advise मत दो किसीको। क्या उसकी वाइफ खुद कमाकर खा नहीं सकती क्या!? उसने ये कोर्ट केस करके उसके पतिका ऑलरेडी बहुत नुकसान करवाया होगा। अगर तुमको पता ना हो तो में बतादूँ के आज के ज़माने में औरते मर्द से ज्यादा कमा रही है। और सबसे बड़ी बात, अपने कायदे और कानून सिर्फ औरत की तरफदारी करते है चाहे वो सही हो या जूठी।

Thanks Mr. Vijay Mahajan ,Thanks Mr. Prabhakar and Thanks Mr. MArtin,

Please Answer This As Well . If He Doent Pay Then Cant We Just Initiate Contempt Of Court ?And Get Him Arrested ?

 

Most of the learneds have given perfict advice . I advice you for parying before court for deduction of salary if he is service person. if not pray warrent against husband.

This is cat and mouse game with no end. He can pay once and then delay for another 2 court dates, then you run in court praying for blah blah blah relief like the lawyers suggest. Then again he pay one month and repeat cycle. In the end the court running and lawyers fees will be more than the maintenance amount you will get in hand. Don't listen to lawyers, they give advise to increase their own work and fees. Try to negotitate a one time settlement, withdraw all cases and get mutual divorce. This is the only way to get meaningful relief and closure from marriage gone bad. If you don't undertand this simple fact you can continue the court cat and mouse game till your hair turn white. Some people learn only the hard way.