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Interim maintenance orders have been passed


20-Jul-2023 (In Divorce Law)
Family court has passed the maintenance orders after that my husband appealed in district sessions court and again I won the case .granted 1 lac per month. But not got a single penny . It’s been 26 days since the order has been passed . What would be the next step. Shall I wait or apply for distress application . Can he appeal in high court ? How would I know that he has appealed .
Answers (3)

Answer #1
728 votes
You need to file for execution of the court’s order followed by a distress warrant for attachment of his salary, property etc. You can thereafter proceed with the case while the execution is in progress . That way your case will be expedited
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Advocate Sudarshan Desai

Adv. Sudarshan Desai

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Answer #2
594 votes
If the Husband fails to comply with the order of Maintenance granted to wife, then the concerned Magistrate is empowered to issue distress warrant in favor of Wife for realization of Maintenance granted to her, in respect of which default has been made, by attachment and sale of moveable properties of the Defaulting Husband. Such moveable properties can be seized in execution of such warrant. However, before the filing of your Distress Warrant before the Magistrate, if your Hubby files an Appeal before the concerned High Court challenging the grant of Maintenance to Wife, then, filing of Distress Warrant will be of no use, as Magistrate won't hear it until and unless High Court passess its decision that granted Maintenance to Wife by lower courts is legal or not!
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #3
848 votes
Did you file an execution petition for the decree? Mostly when a court passes a decree, you have to file an execution petition for enforcing the same. You may file a petition and recover the maintenance granted to you. For any further assistance, you may get in touch with me. Thank you.
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Advocate Sharayu Zanak

Adv. Sharayu Zanak

LawRatoPune | 50+ Answers
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