ABOUT INTERIM MAINTANCE Under HMA and DV act, court passed interim

Question

ABOUT INTERIM MAINTANCE Under HMA and DV act, court passed interim

06-Jul-2023 (In Divorce Law)

Under section 24 judge passed interim maintance in may, and stated maintance should be paid in firsr week of every month, but he didn't paid.How can we force him to pay?nAnd maintance application in DV act is still pending?nOur advocate is saying as the divorce petition is filled by husband he can put off case any time so we will get maintance from DV application?nPlease suggest how can we move forward, i have doubt about my advocate?

Answers (5)

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Adv. Anupama Sharma Adv. Anupama Sharma

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Advocate Abhinav Sharma LawRato · Accepted Answer · 2022-07-06T14:09:24+05:30

Answer #2

Hi Different maintenance decrees that have been passed in different cases will have to be taken up separately. Will need to see your case files and orders in order to guide and advice you better. Please feel free to get in touch for further discussion. Regards Adv. Abhinav Sharma

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Adv. Abhinav Sharma Adv. Abhinav Sharma

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Advocate D. Khan LawRato · Accepted Answer · 2022-07-06T14:20:46+05:30

Answer #3

If u have doubt on your advocate then better change bcoz in this way even he will feel uncomfortable. Posting such questions here will make you more confuse n even u r challenging the gravity of your current council. Need more facts on the same … thanks

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Adv. D. Khan Adv. D. Khan

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Advocate Kartik Krishan Sood LawRato · Accepted Answer · 2022-07-06T14:30:54+05:30

Answer #4

it is the duty of your advocate to press upon the issue of maintenance before the court and apprise the court that your husband has not paid the amount for the said months. the reason given by your advocate doesn't sound a good reason as there is no law that says if husband has filed for divorce he can put off payment of maintenance. for further queries please feel free to contact

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Advocate Yuganshu Sharma LawRato · Accepted Answer · 2022-07-06T14:41:56+05:30

Answer #5

An execution petition in which one can seek the intervention from the court. whereby, the court will summon the opposite party and will direct him to pay the maintenance. In case the opposite party does not comply with the order a contempt petition can be filed against opposite party. The divorce petition has nothing to do with DV as interim maintenance application under the PWDV Act Section 23 the court only needs to establish whether prima facie a domestic violence case has been made out or not. once it has been established that prima facie domestic violence has happened then one is entitled to get the interim maintenance on the basis of the earning of opposite party.

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