434+ Lawyers are online 
Accused sent to Jail - Execution petition
27-Mar-2025 (In Divorce Law)
In our case (petitioner), accused has been sent to custody for 30 days for non payment of maintenance arrears, please guide now how can accused apply for bail and on what possible grounds bail can be granted and how will we get to know that bail has been applied in the court ? Arrears are around 3.50 lacs. What are the remedies now to recover the arrears of payment in this case ? How many times the accused can be sent to Custody for non payment? Will arrears be reduced in case of Jail ?
You can always approach the court and file your execution petition for the recovery of the arrears. And as far as the bail is concerned you need to again approach the court and inquire about if any bail is filed by the name.
Helpful?
Adv. Jitender Singh
Delhi | 500+ Answers
Chat
Dear ma'am,
Since the accused has been sent to custody for non-payment of maintenance arrears, he can apply for bail under Section 125(3) CrPC by showing a willingness to pay or challenging the legality of the order. Your advocate is responsible for knowing the status of the bail application
To recover the arrears, you may seek execution of the maintenance order through property attachment or salary garnishment. The accused can be repeatedly sent to custody if arrears remain unpaid. However, jail time does not reduce arrears; the amount remains payable.
For a more effective recovery, you may also explore filing a contempt petition or seeking enforcement through a civil suit if applicable.
Helpful?
Adv. Adarsh Kumar
Delhi | 100+ Answers
Chat
you can apply bail application in concerned court and court may be granted conditional bail to the accused and depends on court arrears will be reduce or not in case of jail generally arrears may b reduce in the case of jail
Thank you
Regard Sandeep Vats Advocate
Helpful?
Adv. Sandeep Vats
Delhi | 25+ Answers
Chat
Dear client
There are two grounds under which the accused may be released (1) If he pays the decretal amount (2) He declares insolvency. No, the liability does not end unless and until the decretal amount is paid. The Civil Detention cannot exceed three months in total. You may read section 55-59 CPC for understanding the law.
Feel free to get in touch to discuss further.
Helpful?
Adv. Abhinav Sharma
Delhi | 500+ Answers
Chat
Arrears in such cases can be recovered in a similar manner as revenue debt/recovery. You can after a few such attempts make a written request through an advocate in this regard to the court concerned.
Helpful?
Adv. Vikas Sharma
Delhi | 100+ Answers
Chat
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.
Connect with top Divorce lawyers for your specific legal issue
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."
