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house wife... (na)     04 May 2015

Interm maintainance not paid yet

in dv case interm maintainance is passed in jan 2015 to me and my daughtr.till now my husband is not giving the same.. advocate said an application should be given in  ourt to pay the same..my husband is govt employ .after application will husband start to pay it or we have to make other effort ..and what?



 12 Replies

M.Sheik Mohammed Ali (advocate)     04 May 2015

yah, you should file application after than you can claim, and you can also detect from his salary.

house wife... (na)     16 May 2015

thanks for above advice sir,

i have one more ques regarding my case

my husband got bail in 498a case he is govt employ..he evengive some of my articles gold or other furniture etc ..but not my necklace and other new things including my sofa set.judge said that she will give decision on this on decision of case .. but main are my original documents .which i need urgently. i had given 2 complaints in women cell as well as other police station .nobody able to take my certificates from my husband.as i go to university they told that i have to give 45000 rs for all certificates.. which i cant afford.as i need my certificates back what should i do next..as dv is running and is on evidance stage.....

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     17 May 2015

@M.Sheik Mohammed Ali,

 

Under which provision it is written that "you can also detect from his salary"???? laugh

husbandinneed   18 May 2015

Deduction from salary as well as attaching property will come at later stage, even if he does not pay the maintenance for one year.

After one year this will be considered, and if husband still do not pay then there is a provision of jail for one month/one year of non payment.

Once hhe goes to jail all the previous maintenance is voided and he will not pay a paisa to you.

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     18 May 2015

Burden to prove salary details, property detail (should be own by only husband) lies on the petitioner wife onlysmiley, However, salary deduction is not written in any crpc or cpc.

 

If husband keeps his property in others name 

 

or 

 

Husband has property in a different place which wife does not know will remain safe. 

Police will not investigate how much property the husband has

 angel

Jaya Pathak (Paralegal)     27 May 2015

 

Man`s salary attached over non-payment of maintenance to wife

 

Delhi sessions court has dismissed a man`s plea against a trial court order directing attachment of his salary for his failure to pay maintenance to
his wife.

 

https://zeenews.india.com/news/delhi/mans-salary-attached-over-non-payment-of-maintenance-to-wife_704313.html

Jaya Pathak (Paralegal)     27 May 2015

Charge on immovable property  & salary

Punjab-Haryana High Court
Bikkar Singh @ Bikarjit Singh vs Amarjit Kaur & Ors on 22 July, 2009

https://indiankanoon.org/doc/838439/

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 June 2015

Both the cases wife had the details of the properies. If she does not have then? cheeky

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     03 June 2015

If record lost then ?? no

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2015

Rocky Smith,

 

Hope you are not trying to say, if no record exist, no action can be taken against husband. He can be imprisoned for 30 days for breach of every maintenance order and the same can happen in succession.

 

However, if you are just arguing for the sake of argument, you can go on and on and on 

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com

N R Dash.. (Advocate)     05 June 2015

Ask your advocate to file an application for execution of the interim maintenance order. It would not be difficult to get salary details of a govt. employee and the maintenance amount may be deducted from his salary each month on the order and directions of the court, if the interim order is not stayed by the High Court.

house wife... (na)     05 June 2015

I asked my lawyer ...he will do so ..........thanks for valuable reply leared members...


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