QUESTIONS ASKED ON kaanoon.com on 11th 2023 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 passed an order for a new increased monthly maintenance amount to the wife. 3. The wife is unhappy with the order of the DC and filed 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. c. 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. 4. The SHC heard the case of the above civil revision petition and ordered the following: a. An augmented value of the monthly compensation from the date of filing of the original cases (under section 24 of HMA at the DC). b. Clearing of all the dues by the husband including the arrear amount at the rate of the increased value within June 30 /2023. c. The SHC ignored the plea for a direct salary deduction by the employer of the husband (Pt. no. 3/c above) and did not order anything on this point. 5. As the husband is a habitual defaulter and he did not bother to clear the dues within the June 2023 as stipulated by the SHC in their last order. (He only paid about 6 % of the value of the total dues within June 30/2023). Questions : A. Now what are the recourse available to the wife now? B. Should she file a contempt of court petition again with the same SHC against her husband ? C. What are the possible punishment or action the SHC can take against the defaulting husband? D. The earlier order was by a single judge bench at the SHC. Does the wife need to approach the same bench for the contempt of court application or move to a higher bench at the same SHC ? E. In the same contempt of court application can she again plead for a direct deduction of the salary of her husband as per the point no. 3/c above ? A well thought-out reply as soon as possible to the above questions will be highly appreciated. Namoskar.
File petition in HC against husband for contempt of court as husband has deliberately flouted court orders for payment of maintenance
2) husband can be sentenced to imprisonment if he fails to clear arrears
3) it would appear before division bench of HC
4) you cannot seek direct deduction of salary in contempt of court proceedings
Yea she can pray to the court for such direction
1. File execution case for recovery of arrears.
B. No case of contempt is made out. Non compliance of order is not contempt. Husband has paid some maintenance also.
C. Only filing of execution case.
D. No purpose would be served. Wastage of time snd money.
E. No. As both are different and distinct. You can file another application 151 cpc in DC seeking direction.
1. She can file a petition for collection of arrears through his salary attachment.
2. Contempt of court is not maintainable.
3. The trial court itself can pass an order for salary attachment.
4. Contempt of court is not maintainable.
5. The trial court can be approached for salary attachment.
contempt petition has to be filed
it will be taken up by the same bench whose order is violated
you can ask the relief of direct transfer of maintenance by the employer, in the contempt petition
Dear Client,
You can file a petition in the High Court against your husband for contempt of court, as he has deliberately flouted court orders for payment of maintenance. If the court finds him guilty of contempt, he could be sentenced to imprisonment. The petition would be heard by a division bench of the High Court. You cannot seek direct deduction of salary in contempt of court proceedings. However, the court may order your husband to pay the arrears of maintenance in a lump sum or in installments. If he fails to comply with the court's order, he could be imprisoned.
A. The Wife can file Execution Petition before the trail Court.
B. Yes,
C. Attachment of his property and may pass order for sending him behind the bar
D. Yes
E. Yes
- However for deduction , the wife can move an application before the court for passing order to deduct the maintenance amount from his salary and remitted the same in your account.
