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Interim Maintenance order if not executed by the husband


19-Dec-2025 (In Divorce Law)
Provide me a judgement order that if husband is not paying interim maintainence on time then the wife should be rewarded with interest @18% p.a.
Answers (3)

Answer #1
877 votes
If your husband isn’t paying the interim maintenance on time, there are a few ways to deal with it Court to Enforce the Order: You can file an execution petition to recover the unpaid amounts. The court can order him to pay the arrears and even attach his salary or bank account if necessary. Contempt of Court: Not paying the maintenance is considered ignoring a court order. You can file a contempt petition, and the court may fine him or, in extreme cases, order imprisonment until he pays. Magistrate / Family Court Enforcement If the order is under Section 125 CrPC, the Magistrate can issue recovery warrants to make him pay. Interim Relief You can also ask the court for faster or higher interim maintenance if the delay is causing financial difficulties. Make sure to keep proof of non-payment, like bank statements or messages, as it helps your case.
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Advocate Pooja Yadav

Adv. Pooja Yadav

LawRato Mumbai | 25+ Answers
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Answer #2
551 votes
Courts in India have consistently held that interim maintenance must be paid punctually, and delay defeats the very object of sustenance. In Gaurav Sondhi v. Diya Sondhi, 2016 SCC OnLine Del 6275, the Delhi High Court held that arrears of maintenance can carry interest, and directed payment with interest for delayed compliance. Similarly, in Shail Kumari Devi v. Krishan Bhagwan Pathak (2008) 9 SCC 632, the Supreme Court recognised the court’s power to award interest on maintenance arrears to ensure effective enforcement. Therefore, if the husband fails to pay interim maintenance on time, the wife can seek a direction that the delayed amount be paid with interest @ 18% p.a., to compensate for hardship and to deter wilful default.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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Answer #3
516 votes
YES. A Family Court / Magistrate has the power to award interest on delayed payment of interim maintenance, even though the statute may not expressly mention “interest”. ⚖️ Legal Reasoning: Maintenance is a statutory right, not a concession. Delay defeats the very purpose of interim maintenance. Courts derive power to grant interest from: Inherent powers of the Court Principles of equity, justice, and good conscience The rule that no party should benefit from disobedience of a court order Willful default in payment amounts to: Economic abuse Contemptuous conduct Misuse of judicial process Interest serves two purposes: Compensation to the wife for delayed relief Deterrence against intentional non-compliance
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Advocate Tanveer Ansari

Adv. Tanveer Ansari

LawRatoNagpur | 25+ Answers
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