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Final maintenance order passed by family court but husband not paying
22-Jan-2025 (In Divorce Law)
Final maintenance order passed by family court but husband not paying the amount what action can taken by Wife?
If the husband is not complying with the final maintenance order, the wife can file an execution petition under Section 125(3) CrPC to recover the amount through salary or property attachment. If he willfully refuses to pay despite having the means, the court can issue a warrant of arrest and even impose imprisonment. She may also seek interest and penalty for delayed payment and file a contempt petition for disobeying the court order. Let me know if you need assistance in drafting the necessary legal documents.
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Adv. Ankit Kumar Singh
Patna | 25+ Answers
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We can file an Execution Petition. The wife can file an execution petition in the same family court where the order was passed. This petition requests the court to enforce its order. The court can take several steps, such as attaching the husband’s salary, bank accounts, or property.
Also, the wife can file a contempt petition against the husband for willfully disobeying the court’s order. If found guilty, the husband may face fines or imprisonment.
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Adv. Aastha
Patna | 25+ Answers
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we can file an execution petition in the same family court and after that we will move for contempt of court as he is not paying the maintenance after the order of the learned court below. There are few more legal remedies available to the wife but it can be said after analysing the evidence.
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Adv. Pushpesh Deep
Patna | 25+ Answers
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we can file an execution case after that there could be non bailable warrant issued in name of husband. His property could be attached, in order to recover the amount. Please feel free to connect with us will help you out
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Adv. Ankit Raj
Patna | 25+ Answers
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