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What if husband can not pay intrn maintenance ordered u/s 24

Hi experts What happens if judge ordered high amount of maintenance u/s HMA 24 & husband really not in position to pay it fully. If he starts paying only 50% of it. What action wife can take against him? Thank you


 15 Replies

Experts, waiting for your reply


Pay whatever you can.  And your wife has to accept whatever little you can pay.  And no court can question it.  But the balance will keep growing the more you pay lesser and lesser.

HIRAL THAKKAR (ADVOCATE )     12 August 2013

she can claim balance under section 125 Crpc with additional maintainence.

Can she claim maintenance for my son under section 125 Crpc?

prakharved (Medical officer)     12 August 2013



If it has been decided by the courts that you have to pay this much amount of maintenance then you are obliged to do that and not doing so would cause arrears in the future and also cause trouble for you. Of course the courts can question you.


I think you should take advice from an experienced matrimonial lawyer. Visit www.lawkonect.com. Here you can post your query and a detailed written reply would be provided to you by an experienced lawyer. You can also avail consultations with a personal lawyer on this matter through www.lawkonect.com. It is very essential that you get to know about your options well and for that i think you should take professional help.





No action till he doesn't  go bankrupt and become beggar and court ask him to go for jail incase he has no security or fund against which maintenance can be given to her.


In Worst case , if he doesn't pay any amount till 1 year.A jail of 1 month and again the court will ask you to pay the arrears again no response again jail of 1 month...

It's wiseable to deposit whatever you can in her account and fill the arrears when you are capable,but don't leave nil.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     12 August 2013

the maintenance can be claim after filing execution petition by wife in civil court or prayer to the court who passed the order. but there is no criminal proceeding against the husband u/s 24 of Hindu Marriage act as per section 28A of HMA 


No Criminal or Civil proceedings in HMA for non payment of maintainance. Bikaari ke passs judge kya dilwaayega biwi ko? File petition stating that you hav no income or less income than previously, and reduce or smash maintainance.  That is the beauty of indian law regards to maintainance. Wife is made still dependent on husband by the way of maintainance. YOu earn more, biwi gets more... YOu get less biwi gets less.... YOu get nothing, biwi gets nothing....

Of course what i mentioned here is my personal view only. Decision is at your discretion.

No one can force you to pay money when you are not earning or bankrupt.


See, Wife  can claim maintainance under 3 provisions as below:

1. HMA : Under this law, both spouse can claim on each other...

2. CRPC:  Wife can file and get maintainance. But at the same time your parents also can claim. If parents are senior citizens, then that adds up you to reduce your maintainance to your wife.  IF you fail to give ordered maintanance, you may get max 1 month jail, which accumulates every month for non payment.

3. PWDVA: To claim maintainance under this act, she has to prove that you have done domestic violance. If you hav not done domestic violance, then case is closed in your favor which you can use to file divorce by cruelity for which wife wont get maintainance. If it is proved that no DV happened, then husband is behind bars and wife is in road. Wife wont get any money as maintainance.


Considering all these, Wife put case first and then take back after having amicable settlement.


So regarding maintainance nothing to be worried. Even you have choice to recover interim maintainance you paid to your wife if case goes your favour. Else again she will be behind bars, for not giving back ur interim maintainance which she took illegally.


Experts please comment if you differ from my view.




@ Arvind, Thanks a lot,

As Mr Arvind already said , Experts please comment if you differ from his view.


Then what punishment will husband get if he do not pay maintenance passed u/s HMA 24?

not as of now (not as of now)     14 August 2013

I am in bankrupt now!, just because of this cases, i put my hands up to all banks... creditcards, personal loan, i told banks to send legal notices and i am ready to face them along with these cases, can i show them as my financial status to court ?

gautam (not disclosed)     18 October 2013

https://indiankanoon.org/doc/10764054/ was referring to this link, was surprised that judge ordered husband to pay 15000/- as maintenance to kids when he was earning Rs 17000 can such a judgement be passed?

Prashant Ghai (Advocate) (PrashantGhai.com)     18 October 2013

Have you considered filing a revision petition?

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