Delay in payment of interim maintenance by my husband
This is in connection with my case in which i filed a case against my husband for maintenance in the local court. The court after initial hearing passed an interim maintenance order asking my husband to pay an amount of Rs 5000/- per month . He has been ordered to pay such payment by 10th of each succeeding month. The order will take effect from the date of passing of this order. The date of order was on 16.12.2014. He paid the first amount to my lawyer on 16.12.2014 itself. But after that he has not given me the per month interim maintenance till date. My lawyers says it may happen that they may give on the hearing date but i am amazed that he has not given any importance to the court order and will give or not as per his convenience. I dont want to be asking or begging every time. I have already given my bank account number and wants that he should deposit in my account and i am ready to give the receipt every month for that. Being a novice in legal matters, i am really dont know how to proceed, since this maintenance amount only way to manage my living since i am staying separate from my husband. Please guide how to proceed further legally, your help will be highly appreciated.
Asked in Family Law from Port Blair, West Bengal
Madam, this is a quite common method to harass the petitioner the maintenance cases.
The husband often refuses to make payment for months together warranting the petitioner to file execution case which you can also file if he defaults to make payment for one month or more.
In the execution case the W/A can be issued by court if the husband continues to default in making the arrears maintenance. Once he makes the payment then the court does not proceed against it.
So in your case you should feel lucky f your husband continue t make the maintenance payment on every month even if the same is after 10th of each month. There is no illegality in it.
1. The amount is to be paid on a monthly basis according to the court order.
2. Your husband cannot delay remittance of the amount till the next date of hearing. He is violating the court order with the ulterior motive to harass you. He is bound to remit the amount on or before 10th of every month.
3. At the next hearing draw the attention of court towards non compliance of its orders. If the amount is not paid in the manner set forth by the court in its order the court may order a warrant to be issued against your husband and then send him
1) your husband is bound to comply with court order of payment of interim maintenance of Rs 5000 per month by 10th of each month
2) if he has failed to pay arrears of maintenance you are at liberty to take execution proceedings for his arrest .
3) in the alternative if your husband is salaried employee seek order that maintenance amount be deducted from his salary and credited to your account
You may file a execution petition against him under section 125 ( 3 ) crpc before court for maintenance. If he is not making the payment within the time as per order then the court have power to issue arrest warrant against him and send him behind the bar till the payment or one month for every non compliance.
Advocate, New Delhi
1. Instruct your advocate to take steps to get the maintenance ordered.
2. Your advocate can bring to the notice of court the issue of no-compliance of court order , and file an application if needed and ask for issuance of warrant.
3.If he is using the tactics to delay or avoid payment, you can request the court for an order to deduct the amount directly from his salary to your account.As your advocate said if he is delaying it till the next date , this has to be brought before the court,
1. In form the court regarding the non complains of order of the court in maintenance matter.
2. Also you have to file execution petition for getting the arrears.
3. Again he is not complaining the orders of the court then the court may order a warrant to be issued against him and then send to jail.
1. This is a common practice followed by the husbands who have been directed to p[ay maintenance,
2. This is the reason why it is suggested to take lumpsum amount amount towards maintenance avoiding monthly payment,
3. File Execution Petition also praying issuance of warrant of arrest against him.