Background: 1. The husband is very irregular of the payment of the maintenance to the estranged wife for many years. The wife is supposed to get the monthly maintenance as per an order under a case she filed few years back under section 125 of CrPC 1973. 2. About one and half year back the husband has filed a case against his estranged wife seeking divorce at a District Court (DC) in India. The wife flied a case seeking compensation under section 24 of the Hindu Marriage Act 1955 at the same DC. In course of the section-24 case the husband filed an affidavit of assets falsifying a lot of information and deliberately gave many wrong information to the DC. The DC ignored those and recently passed an order for a new monthly maintenance amount to the wife. 3. The wife is unhappy with the order of the DC and plans to file a civil revision petition in the state High Court (SHC) asking for : a. Augmentation of the compensation granted by the DC. b. Praying for a stay order of the related divorce case until this civil revision case is settled. Also she wants to mention the following points in the same civil revision petition: A. Asking for an order from the SHC on the employer of her husband for a direct bank transfer of the monthly maintenance amount to her account on monthly basis after deducting the same from his salary. The husband is an employee of a public sector (Govt of India) Insurance Company. Question – 1 : Whether she can mention this prayer in the same civil revision petition before the SHC ? If yes – please site the relevant law or any case reference please ? If no – then please provide what should be the method to ask for the same ? I refer the following answer to my above question No. 1 from Adv. Ajay Sethi of your team QUOTE: Wife should seek enhancement of maintenance amount as amount awarded is very low considering husband income she can mention that husband has been irregular in payment of maintenance HC would not direct funds transfer by husband employer directly to wife account UNQUOTE NEW QUESTION : Under what compelling situation the SHC will allow and consider such direction to the Employer ? What would be the procedure / legal process for making this prayer before the State High Court ? As the husband is a habitual, willful deliberate defaulter - we feel - this is the only way to get the regular maintenance from the husband whose legal duty is to pay regular maintenance to his wife. Kindly reply with citing some example case / relevant provision of law. Regards
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1)if husband has been irregular in paying maintenance awarded under section 125 cr pc your remedy is to file application under section 125 (3) of cr pc to recover arrears of maintenance
2) you have to make application within one year from the date on which her maintenance allowance fell due.
3) magistrate can issue recovery warrant to recover arrears and if husband fails to pay attach is bank account to recovery arrears of maintenance
1. 1. It is a garnishee arrangement, if he fails to pay the monthly maintenance amount as ordered by court, then she an take that steps and not before that, neither she can seek that as a prayer in the revision petition.
2. If he found to be employed with the details of his employment and employer address. the court will pass an order to recover the maintenance amount through his salary and would pass an order to the employer to deduct the same from his salary and send it directly to your bank account or to deposit the same before court every month.
- If the said maintenance order is passed by the family court under section 125CrPC , then you can approach the High Court for the enhancement of the amount
- Further, you can also pray therein for passing an order for the direction to the employer of the husband to transfer the amount of maintenance directly in your account.
You can show to the high court how the order is legitimate by showing your expenses in current income. You can show her possibilities and income earned if any by her
Dear client,
if the husband is not paying the maintenance regularly, the wife can seek an enhancement of the maintenance amount from the court. She can also ask for a direction to be given to the husband's employer to transfer the maintenance amount directly to her account after deducting the same from the husband's salary.
However, whether the State High Court (SHC) will allow and consider such a direction to the employer will depend on the facts and circumstances of the case. Generally, the court will consider the financial status of both parties, the income and expenses of the husband, and the extent of the wife's financial needs when making a decision on maintenance. If the court is convinced that the husband is a habitual, willful deliberate defaulter and that this is the only way to get regular maintenance from him, it may consider directing the employer to transfer the maintenance amount directly to the wife's account.
To make this prayer before the SHC, the wife can include it in the same civil revision petition seeking augmentation of the compensation granted by the DC and praying for a stay order of the related divorce case until the civil revision case is settled. The relevant law and procedure for making this prayer will depend on the specific jurisdiction in which the case is being heard. The wife should seek the advice of a qualified attorney in her jurisdiction to guide her through the process.
