Ex-husband not paying monthly maintenance of child after divorce

I have been divorced by mutual consent on 13th dec '17. I have remarried someone else now. My ex husband didn't agree on giving adoption of my son to my present husband & he is also not paying the monthly expense for my child which is only Rs 1000 & will be increased to Rs 3000 from aug '18. He also has a visitation right but not even once after divorce he asked to see the child. Whenever I ask him to deposit Rs 1000 he asks for proof that where m i saving this Rs 1000.. Can i file a complaint against him for not depositing amount as i dnt want to go for court case again... Please help

Answers (5)

249 votes

Dear concerned , there is a procedure
for compelling the ex husband to pay maintenance to your child. you would have to file an execution petition in the same court from which you have been granted divorce . There is no other alternative. Court will ask him to pay which he cannot deny .

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176 votes

hello, I assume from your query that your ex- husband is not executing the clauses settled upon in the mutual divorce. In such a case , a police complaint will not help. You will have to proceed legally. For any further query you may contact me.

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334 votes

Dear querist
I empathise with your problem and concern. I am assuming that the maintenance cost for the child formed part of the terms of settlement for mutual divorce. If your ex husband is not honouring the terms of mutual divorce, the remedy lies in filing for an execution petition before the competent court. As far as your not utilising his visitation rights, that's his personal choice and he cannot be forced on that front. Be that as it may, any further advice should follow only after having a look at your documents.

Thanks & Best wishes

329 votes

Hello !!
In this situation you can approch and knock the door of court for the maintenance and you can ask day to expenses of your child .
He cannot run from his responsibility.
Accordingly he has to give appropriate and reasonable expenses for child..

Thank you

90 votes

Before taking any action u need to be sure whether this was the condition written in your mutual divorce decree or not ? If yes l, then you can file execution and contempt of court petition to get the maintenance for your child.

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