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Accused in Custody - Execution petition
19-Apr-2025 (In Divorce Law)
I am a complainant, the Accused has been sent to Custody for 30 days for non payment of interim maintenance and the arrears arrears are around 3.50 lacs , what can be done on NDOH to recover the arrears of maintenance since accused keeps claiming that he doesn't have any money + assets + property, what all the accused can do to get rid of the payment and final alimony, as complainants , what are the remedies to recover the payment?
If he actually has nothing through which arrears and other payables can be recovered then there is nothing much you can do. Try getting details of any kind of property/ asset/ money that you can prove or the court can bring on record
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Adv. Vikas Sharma
Adv. Vikas Sharma
Delhi | 200+ Answers
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Hello dear client you can attach the property or anything else including list of movable or immovable assets if he is having you can attach all these assets and proceed further
For a detailed discussion feel free to contact us
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Adv. Mehak Bhatia
Adv. Mehak Bhatia
Delhi | 50+ Answers
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In such a case, where the accused is in custody for defaulting on interim maintenance, the complainant may file an execution petition under Section 125(3) CrPC or the relevant provisions of the DV Act to recover arrears. If the accused falsely claims no assets or income, an application for disclosure of assets/income with supporting documents can be moved. You may also request attachment of known movable or immovable property or seek garnishee orders if any employer or third party is paying the accused. The court can continue civil imprisonment until dues are cleared. Remedies also include filing a contempt petition if non-payment is willful. The accused cannot evade liability permanently by simply claiming poverty unless it’s genuinely proved and accepted by the court.
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Adv. Gaurav Sehgal
Adv. Gaurav Sehgal
Delhi | 25+ Answers
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On the next date of hearing (NDOH), you can move an application under Section 128 CrPC or Order 21 CPC (if under civil decree) for attachment of accused's movable/immovable property to recover the arrears. Despite custody, non-payment indicates wilful default, enabling you to seek civil imprisonment extension or sale of attached assets. You may also seek a warrant of attachment if the accused is concealing property or income. As a complainant, you can additionally file for execution of maintenance order through the Family Court
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Adv. Nidhi Mathur
Adv. Nidhi Mathur
Delhi | 50+ Answers
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Since the accused has been sent to custody, so definitely he is in no mood to pay.. all you can is look for his assets, bank accounts that can be attached to get your arrears cleared. Have you filed for execution? Is you accused or JD?
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Adv. Aditi Gupta
Adv. Aditi Gupta
Delhi | 25+ Answers
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