3 Executions pending, DV pending
19-Sep-2024 (In Divorce Law)
We ( complainant) are stuck in a matter where 3 Execution petitions are pending before the court, more than 3.50 lacs of arrears are also pending from accused. Now Accused and his lawyer have not been appearing in the court stating different excuses. Applications also filed for arrest warrant but he is not being arrested for not paying the maintenance as ordered by the court, court will order on Defence strike off on NDOH, please suggest what are the options to enforce the execution and arrears?
1. **Enforce the Warrant**: If a warrant has been issued, the wife can ensure it is executed, possibly leading to the husband's arrest, which could force him to pay the arrears to avoid jail.
2. **Attach Property or Salary**: The wife can request the court to seize and sell the husband's assets or deduct a portion of his salary until the arrears are cleared.
3. **File for Contempt of Court**: If the husband is deliberately not paying, she can file a contempt petition, which can result in fines or imprisonment, further pressuring him to pay.
5. **Request Enhanced Punishments**: The wife can request additional fines or extended jail time for the husband if he continues to ignore the maintenance order.
6. **Seek Interim Relief**: If the arrears are urgently needed, the wife can apply for interim relief while the execution petitions are still being processed.
These steps can help enforce the court's order and ensure the wife recovers the maintenance due.
2. **Attach Property or Salary**: The wife can request the court to seize and sell the husband's assets or deduct a portion of his salary until the arrears are cleared.
3. **File for Contempt of Court**: If the husband is deliberately not paying, she can file a contempt petition, which can result in fines or imprisonment, further pressuring him to pay.
5. **Request Enhanced Punishments**: The wife can request additional fines or extended jail time for the husband if he continues to ignore the maintenance order.
6. **Seek Interim Relief**: If the arrears are urgently needed, the wife can apply for interim relief while the execution petitions are still being processed.
These steps can help enforce the court's order and ensure the wife recovers the maintenance due.
I understand your query pertaining to your matters which is pending before court. your maintenance arrears are pending from the accused then you follow the rule of law. you have to file an application for attachment of property of the accused. if you need any assistance from me you can feel free to call me.
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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