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Cupid Cupid (CRM)     10 August 2015

Maintenance not being paid

My Mother had filed a Maintenance case on her husband (in Karnataka), for which, he agreed to pay 2500/- every month and signed court order as well. However, he stopped paying after 3 or 4 months. She has taken help from the same advocate and the advocate has charged us with 10,000/- to open the same case.

From the time this case is re-opened, our advocate has not done anything other than sending him the notice - its been more at least 4 months now!

Everytime the notice is sent, its returned back stating the address is incorrect. Illogical, isn't it? Its his own house for God's sake. Also, I was hoping that the advocate would request the court for an FIR since he is refusing to access the notice - its been more than 4 months / about 5 hearings now.

Advocates are not doing anything other than sending one more notice!

Please guide, what are our rights and options ahead?

By the way, this is in Belgaum, Karnataka.

Thanks in advance.



Learning

 10 Replies


(Guest)

Hengadi tamma?

Nod tamma. Rokka sikilla anta FIR maadi warrant issue aadre, maximum yen aaagthythi? Nimappa olag hogthane, aste, kyge sikilla andre NBW issue aagthythe. Sikk haakondre, olg hodava horag baro garantee ill nodu.

 

But kyge sikilla andre yenu madakagangilla.

In other words, you can get warrant issued for balance amount, or NBW issued, if he is cot, then he wont be freed easily, on the other hand old balance ki maafi miljaayegi.

 

Money etc cant be gotten through court especially in matrimonial disputes, everything should come out of love and affection and not because of fear of law or going to jail. Just pray that your father gets scared and pays off money that he will go to jail if he wont pay maintenance, but on the other hand, if he is willing to go to jail andi smart enough not to get caught, nothing much can be done.

 

Better start working and look after your mother, ask your mother to get a job and earn money for livelyhood. Same goes for you.  

 

And some might suggest to change lawyer, and this is just the beginning, you will keep chainging lawyers til no end, better go for compromise and start living with your father, that is the best way ahead for everyone, or else you ppl keep paying out of  pocket 5000 rs to each NEW lawyer. 

Good luck.

prabhakar advocate (advocate)     10 August 2015

1.  No need to send legal notice for execution.

2.  File execution petition in the court where the order for maintenance passed.  Give all available addresses of your father, his residential as well as office.  If court notice comes back unserved, move an application for his arrest as he is wilfully avoiding to carry out the court order.  Once he comes back to the court for fear of arrest, move another application that in future he would himself start to deposit Rs.2500/- pm in your mother's bank account.  It will help you in future.  If your advocate is not coooperative engage any other advocate and in your mother's case, free legal aid advocate will be available.

Prabhakar Advocate (M)9958670740.

Legal Aid Panelist - Central Delhi (Tis Hazari), Delhi.

deep (deep)     10 August 2015

File the execution application within one year of order, in the court. otherwise you cannot claim it after one year even if you send them lot of notices

N keep on filing execution application every month, if u pile up maintenance he will prefer to go jail than to pay 

One time execution not paid by him, 1 month jail, does not matter how much money 1 month,s or 1 years

Cupid Cupid (CRM)     02 September 2015

We have already paid 10K to our lawyer, and since then the only task lawyer has done is to keep sending notices! Once the lawyer says we will get a warranty issued and then the lawyer states lets go for newspaper listing about the notice for the absconding man - lawyer just keeps telling us about the procedures, etc.. Previously when the case was opened, the notice was served at the same address, as its just one OWN house they have. We have further provided the lawyer with all of his bank documents confirming his recent deposits and so on. Lawyer is still not doing anything that might even look positive for us. Just last week was the date, and he did not turn up. Now the lawyer states let’s get a warranty issued. But adds, if a warranty is issue, the mother will have to do the rounds of station as well. This is sick! When a warranty issue granted / issues by the court, and keeping the history of the case in mind, why will the mother need to do the rounds of station? Is it not the duty of the police to do their due diligence and report it back to the court? Also the lawyer states that we might have to spend another 10K to get the notice published in the newpaper :(. Does it really cost so much?

Please advise. Thanks!

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     02 September 2015

Paid 10K to the lawyer for geting 2500/- P.A. cheeky

It seems that your mother is strong enough financially.

Then why she need maintenance?

Ego with her husband right?

Ask her to maintain herself by involving in a job.

1 Like

Cupid Cupid (CRM)     05 September 2015

Since this has amused you this much - she is 54, not in any position to work. Money in case is borrowed so that her husband honours his responsibilities.

Jothish Kumar (Consultant)     07 September 2015

I dont understand how a lady in the country will survive if she was not married. Married and then divorce , the way ladies are looking for finacialy  securing  their life.

Man - A machine to produce money and give to ex wife and new wife. But if he is working in Govt then he will get pension. For private employed what he will do after retairment?

Pay to exwife, current wife (if have), Children in ex wife and children in current wife(if have) and his own expenses?.

Jothish Kumar (Consultant)     07 September 2015

Cupid Cupid (CRM)     17 September 2015

So, finally, court has issues arrest warrant. What will happen next???

Dr Martin Campbell (Doctor)     25 April 2016

Jail jaayega aur kya...

1 month jail, which may extend to one year also, and wife has to maintain husband by depositing 100 rs per day to jail authorities.


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