You can file execution application if he is not paying the same to you.
Can I get access to my husband individual bank accounts statement and appointment letter where he is currently employed, based on FIR for 498 A and 406 I filed recently. He is currently not even paying the complete interim maintenance amount as well, which the court ordered to do so. Nor submitting the actual bank and his company details which the court orders to submit as affidavit from both the parties in my DV case. Due to delay in legal hearing in last 2 years he is taking Royal advantage from us. He left me with 2 kids for job in other city and last year he changed company and is hiding in some other city, giving false details to the court about his actual whereabouts. He is deeply involved in extra marital affair and is having live in relationship with his ex colleague in Bangalore. He is in senior designation but is not ready to pay for sons college admission or the you get one’s school fees.a distress warrant order is issued by the court but still he is not complying. What other measures can I take ? Should I apply for crpc 125? I’m also too broke currently
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Issue legal notice to husband to comply with court orders for payment of interim maintenance
if he fails to pay take out contempt of court proceedings against your husband
in alternative take out execution proceedings for attachment of his bank account
I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.
You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following remedies are available to you…
It is not easy for him to get divorce, unless you agree. If he files divorce he has to pay of alimony running into hefty sum.
It is strongly advised that you should…
No, you cannot get any such permission to have an access to his employment details and bank account. If no larger public interest is involved in it, the wife's request may not be entertained.
If he is not paying the interim maintenance amount and disobeyed the orders of court, then you may have to follow the due process of law to recover the same by requesting court to send an order to his employer to recover the amount from his salary and attach the salary for this purpose.
For attaching his salary, you may have to provide the details of his current employment.
Dear client,
If the court had ordered for the payment of interim maintenance and submission of bank statements and if your husband had failed to oblige, then it would tantamount to civil contempt under the Contempt of Courts Act. This contempt proceeding could get you access to the said bank statements. Furthermore, an interim maintenance under DV Act does not preclude a claim under section 125 CrPC and so you can claim interim maintenance under section 125 of CrPC as well.
Thank You
- Since the court has already passed interim maintenance order , then if your husband not complied the same then you can file execution petition before the said court
- Further, you can move an application before the court for directing him to furnish the details of his income and properties etc. before the court .
- Further, he is also under obligation to pay the maintenance and education expenses of the child , otherwise you can file a compliant under section 125 CrPc against him.
- Further , if he is living in extra-marital affairs , then it is a ground for getting divorce.
My husband paid the interim maintenance dues after six months of argument in the court when finally the court served distress warran against him in my DV case, filed by me. But again from this month he stopped the interim payment. Moreover he faked my address and had filed a divorce case for alibi in the outskirt of a city in a rural civil court in Pune in 2017. I only had to challenge the jurisdiction to dismiss the case. But the judge was highly partial. She was unnecessary dragging the case for two years. Finally from the high court I got the order to transfer in mumbai. But still she is keeping next dates after 1 month to allow that. I seriously want to take action against this judge. 99.9% she has been bribed. Pls suggest how to take action against the civil metropolitan senior division judge in Pune.
Until and unless you have substantial evidence to prove that the concerned judicial officer has indulged in corruption, you cannot make a bald complaint against the judicial officer before the registrar of high court.
If you cannot prove your allegations you would be subjected to criminal contempt of court charges due to which you may have to face more legal consequences.
- If husband has stopped to pay the interim maintenance then you can file as Execution petition before the same court where the case is going on.
- Further, if you are not satisfied with the Judge , then you can move an application before the district judge for transferring your case to the another court.
Dear Client,
If you are very sure of the bias made by the judge then, you can complain about this to a judicial officer or else, these allegations may land you in contempt of court.
Thank you.