LawRato

Hindu Contempt petition for non payment of maintenance


22-Feb-2023 (In Family Law)
Wife MBA&CA Lecturer filed DV case 2009. Quit job 2011 asked interim maintenance and rent. Granted by trial, sessions and HC. Husband paid sincerely. 2012 wife employed with free accommodation. So stopped paying, filed application requesting court discontinue same as changed circumstances. Wife filed application strikeoff defence of husband for non payment in trial and contempt petition in HC. Strikeoff defence order by session court. Husband filed WP in HC against same. 2014 HC partly allowed with instructions to conclude DV case within 3mths, to pass orders for recovery in conjunction with final order until then no orders regarding same to be made. DV case still on. In Contempt petition HC asked husband to comply with order by clearing pending dues of maintenance and rent till date or proceedings initiated. Wife not come with clean hands. False claims jobless. Husband discontinued maintenance with hope of justice. Question is what approach best to avoid contempt and payment?
Answers (3)

Answer #1
744 votes
for grant of stay.
but earlier proceeding is still continue and you are not paid maintenance regularly, it means that due against you. first you clear entire dues. then therafter proceed. there is provision for non payment/compliance of order for striking off defence. why you are file separate application for restitution of conjugal rights or divorce.
wife have every right to claim of maintenance. whether she is employee or not.
she is employee then you are filed the documents on record to show her employment and monthly salary slip.
where she is working then you can apply under RTI for the reason best known to you.
People also ask

What if my husband is not paying maintenance?

If your case has been pending for some time and your husband refuses to pay maintenance, ask your lawyer to file an application under section 24 of the Hindu Marriage Act, 1955. Or you can move an application to maintain your spouse under the Domestic Violence Act. 13-Mar-2022

Can working wife ask for maintenance?

According to Section 24, the Hindu Marriage Act of 1955, any party to a union who lacks sufficient income to support himself or herself may ask for maintenance while a matrimonial case is pending.

What happens if I lose my job and can t pay alimony in India?

If the husband has lost his job, and is unable to pay the wifes maintenance or alimony, the court can provide relief. The previous order to pay maintenance or alimony can be changed or stopped by the court.

Can a husband refuse to provide maintenance to his wife?

Separated with mutual consent. If there is an agreement between the spouses that they will live separately and not claim maintenance, this could be a reason to deny maintenance. 09-Dec-2022

  
Answer #2
814 votes
Dear client,
Your case is already sbjudice, so we need details of the case for better legal advice. But in short i suggest you;
1. Pls follow your case on law point.
2. As high court and supreme court judgemnet highly qualified women is not entiled for maintenance.
3. You defend the contemempt petition and contest your case properly you will be definately won the case.

Answer #3
999 votes
Dear Sir,
in your matter will prefer advising you after checking your papers, there will be way out for the same but before reading it cant find clue. as the matter is complicated and going through many courts, cant suggest anything on above mention information.

Best Regards,

Adv. Jyoti Kolhe

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."