Kum7kumarr (learning) 10 November 2020

Valuable advice please

Hello Experts!

1) My friends husband is not paying the interim maintenance to her and had partially paid before lockdown after she highlighted. Even though he appeared in two dates during covid when court started operating, he paid only few more amount after her protest and is not paying further even with no financial problems. Since he used to do payment through online mode, and till now he is having a hefty amount to be paid, what option she is having with her on next date. Anything that she can do to close this family case based on such activity?
2) Also, since the case is in other state, can you please suggest whether there any sop from Hon'ble Bombay high court to start the proceeding in case he clears the amount.

Thanks!

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3 Replies

Real Soul.... (LEGAL) 10 November 2020

Section 125 (3) CrPC...

(3) If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole or any part of each months ⁴[allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

P. Venu (Advocate) 10 November 2020

Yes, your friend need to move the Court.

Dr J C Vashista (Advocate) 11 November 2020

Whether she has file any execution petition for recovery of outstanding amount ?

Whether she has discussed the issue with her lawyer who is well aware about the facts of case, an intelligent, capable and competent to satisy her questions ? If so, let her (your friend) proceed accordingly.