Interim maintenance under PWDVA
My husband deserted my minor daughter (who is no 9 years old) and me, three years back due to infidelity and domestic abuse. After that, i had filed for maintenance under Protection of women from domestic violence act 2005. The court (magistrate) had granted Rs 50,000 p.m as interim maintenance in 2013 and this was later revised by the high court to Rs 70,000/- p.m in August 2014 . An order was passed by the Hon'ble judge (magistrate) to pay the said amount along with arrears in Sept 2015, when he had moved a petition in the court (magistrate) for non payment of maintenance as per court orders. However my husband did not oblige the court orders and was paying only Rs 44,000/-p.m. Meanwhile my husband had also filed for divorce on the grounds of cruelty in the year 2014 November, which I am contesting.
In Dec 2015, my husband deliberately resigned from his job. My husband worked in a very senior position and used to earn around 3 lacs per month. Since then he stopped paying any maintenance at all stating that he had lost his job due to the case filed by under PWDVA. However there is no proof whatsoever to prove the same. His relieving order mentions only that he had resigned on his own will. Between Dec 2015 till date, close to 60 lacs credits were there in his bank account. These credits were income from various investments. He had utilized the entire amount to pay his home loan and meet his other personal needs. Despite having such huge balance he did not pay any maintenance to my daughter and me. He even went to
the extent of denying her school fees which was a sum of Rs 25,000/- for the Ist term.
Though we proved that my husband has the capacity to pay us maintenance despite he having resigned from his job and that there were huge credits in his Bank account, the judge ( this is a new judge. It was the earlier judge who passed order for interim maintenance) has not moved any orders against him. She always remains mute and most time adjourns the case to a next date. My daughter and me are suffering a lot with no means of income. After marriage (10 years), my husband did not allow me to work and due to domestic abuse my health also does not warrant me to work for long hours to earn enough money for my daughter and me. I am feeling very helpless and on the verge of despondency. "There is a court order for maintenance and my husband is pleading penury. " He has properties in his name and savings too. But he is not giving me a penny despite all these means. Please advice what should i do in this case.
daughter and me