• Failure to follow interim maintenance order for by the respondent

Hi. I have filed a divorce case against my husband alongwith which had filed for a maintenance claim suit for my minor son. The Hon'ble court initially passed an interim order for Rs 25ooo pm in april 2016 which was reduced in lieu of revision petition filed by him(at same court) to Rs 20000 in sep 2016. Not only had he not paid the initial 25000 but now is refusing to pay the 20000 too. he had paid only Rs 30000 (10000*3) in total. his main claim is that since i am working we are not entitled to any maintenance. i have submitted all his income proofs in court. Kindly explain how i can get the order executed?? next hearing is in dec 2016. my advocate is of the view that if we do not agree to this amount he might again file revision petition in high court which will be a difficult situation for us.
Asked 1 month ago in Family Law from Kochi, Kerala
Religion: Hindu
You have to make application for execution of order of interim maintenance order passed by family court 

2) court can attach salary of husband 

3) his property can be attached and sold to recover maintenance arrears 
Ajay Sethi
Advocate, Mumbai
23365 Answers
1223 Consultations
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1. You can apply for attachment of his salary if he does not make any payment.
2. Similarly the court can stay his defence if he does not make arrears payment of maintenance.
3. In final maintenance order the court can pass any order, whether more or less.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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If husband income increases make application ti family court for for increase in maintenance payable to you on account of husband increased income 
Ajay Sethi
Advocate, Mumbai
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1223 Consultations
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1. To get the order executed you go to file a petition for execution.
2. You too can move the HC against the order of sessions judge in the revision petition wherein he reduced it. A separate revision can be filed by you in sessions court to enhance the amount. 
3. As and when your expenses grow you can apply to the court to increase the amount.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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You should file an execution petition before the same court to execute the orders passed by court or file a petition to strike out defence since he has not obeyed the court order. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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how will this interim order affect the final maintenance order and what can be done to make it in such a way that it will increase in proportion to his salary hike??

For increase in maintenance amount, you have to file an enhancement petition before the same court based on his salary hike. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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