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Accuses not paying DV - Maintenance Arrears
08-Sep-2024 (In Divorce Law)
Our case is pending before district court (DV & Execution Petition). In Feb.2024 , accused agreed to a settlement in Mediation to pay 14 lacs but did not comply with the settlement and later broke it in July 2024. Arrears of 3.50 lacs pending as interim maintenance, 3 Executions pending, accused not appearing in court, judge will order on Defence strike off on NDOH , what is the benefit of defence strike off and how can we recover the arrears, are there ways to put pressure on them to settle ?
In case there was a written settlement and the same was filed before the MM in a DV case, the magistrate has a power to direct the respondent to comply or face civil contempt.
Else the only way is to get the warrants of arrest and warrants of attachment of property issued in the execution proceedings.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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If the husband is not paying the maintenance and arrears despite filing an execution petition in a Delhi lower court, you can escalate the matter to the High Court by taking the following legal actions:
1. Appeal or Revision:You can file an appeal or a revision petition before the High Court if you believe there has been an error in the lower court's decision or if the lower court has not adequately enforced the maintenance order.
2. Contempt Petition:You can file a contempt petition in the High Court against the husband for willful disobedience of the lower court's order. Contempt of court is a serious offense, and the High Court has the authority to punish the husband with fines, imprisonment, or both.
3. Writ Petition:In cases of undue delay or inefficiency in enforcing the maintenance order by the lower court, you can file a writ petition before the High Court under Article 226 of the Constitution of India, seeking a directive to enforce the lower court's order.
4. Transfer Petition:If you believe that the lower court is unable to effectively enforce the order, you can file a transfer petition in the High Court to transfer the execution petition to another court that may be better positioned to enforce the order.
5. Direction for Expedited Hearing:You can also approach the High Court to request an expedited hearing or direction to the lower court for speedy enforcement of the maintenance and arrears.
Consult for further action.
Regards,
Adv Jayatee Chatterjee
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Adv. Jayatee Chatterjee
Delhi | 5+ Answers
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