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I have obtained maintenance in DV Act now what is further action


23-Dec-2023 (In Criminal Law)
I have obtained maintenance in DV Act now what is the provision for claim the awarded maintenance amount
Answers (5)

Answer #1
701 votes
After getting award, your lawyer not guided you for further ciurce of action ..? You file one more suit in the same court , kindly ask your council, for executing the award. Please consult and get relief.

Answer #2
660 votes
you can make an application before same court for execution of the court order. than court will sent to the notice to your husband and court will pass an order and direct to your husband to pay maintenance as per its previous order.
Answer #3
632 votes
You can go for recovery of the awarded maintenance amount through execution petition under cpc read with DVA. Act
Under which You can take steps
Attachment of salary, immovable property,
Issue Warrent NBW so all this ensures you to recover awarded maintenance amount

Regards from
Ravindra Advocate
Answer #4
733 votes
Hi,

First I am thankful for your inquiry.

For recovering the amount of maintenance granted under the Domestic Violence Act, we need to file one Crl. Misc. Petition under Sec. 125(3) of the Code of Criminal Procedure, 1973. Therein the respondent may file objections and then court orders for payment of the amount by the respondent. If the Respondent fails to pay the amount then FLW (fine in lieu of warrant) are issued for arresting the respondent. NBW (Non Bailable Warrants) may also be issued. The respondent's property may also be attached if the petitioner produces the correct details of respondent's property. These all compulsive measures are used to force the respondent to pay the maintenance amount.

Further queries are also welcome.

Regards,
Kapil Dixit, Advocate,
HIgh Court of Bangalore
Answer #5
885 votes
U can file a complaint in court . It means u can file a private complaint . In that complaint u tell about the court order . And. Not give responce to the court order. And what are the problem if u not get the maintanance alamount .

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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