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JD sent to custody 30 days - Defence Evidence struck off
20-Jun-2026 (In Divorce Law)
The JD has been sent to custody for 30 days , maintenance arrears of around 3.75 lacs are pending, the judge has placed the case on Judgement stage on NDOH , what can we do as complainant if JD does not talk about any settlement or not pay the arrears on NDOH , how can we recover the arrears, defence Evidence struck off by judge , can this case be in plaintiffs favour , can JD again be sent to Jail for non payment?
Hi, I understand your matter. JD is in arrears for 3.75 lakhs of interim maintenance and presently he is in Judicial custody. Better you find JD's property because after judgment you again have to file execution petition in which you can prayer for attachment of property of JD.
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Adv. Shivam Shridhar
Adv. Shivam Shridhar
Delhi | 5+ Answers
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Fresh execution proceedings can be initiated for subsequent defaults.
On the next date, if no settlement is proposed and no payment is made, request the court to pass a final recovery order for the entire outstanding amount of ₹3.75 lakhs along with continuing maintenance, and seek disclosure of the JD's assets and income to facilitate effective execution and recovery proceedings.
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Adv. Shenoy Das
Adv. Shenoy Das
Delhi | 25+ Answers
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Hi there, yes JD can be sent to prison for the non-payment. You shall push towards getting undertaking from the JD for payment timeline.
Undertaking binds him under separate liability towards clearing the arrears.
However , to provide you with an appropriate strategy I'll need additional details as to the case.
It's advisable to contact me and provide requisite details to assist you better.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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yes, the case is in favour of the complainant as the facts are stated here. as of now you the complainant can Wait for the next move of the JD if he again will not comply with the court orders then his properties will be attached by the court therefore he will be bound to pay maintenance to the complainant. for more discussion about the case you can mail me.
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Adv. Lakshmi
Adv. Lakshmi
Delhi | 5+ Answers
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From the facts stated, if the JD has already undergone civil imprisonment for non-payment of maintenance and substantial arrears are still outstanding, the court can still proceed to decide the execution petition on merits. Striking off the defence is generally a serious adverse circumstance against the JD and may strengthen the decree-holder's case, though the final outcome depends on the evidence and record before the court.
Mere completion of 30 days' custody does not automatically wipe out the maintenance arrears. The amount remains recoverable through execution proceedings. Subject to the facts of the case and the applicable provisions, the decree-holder may seek attachment of salary, bank accounts, movable or immovable properties and other permissible modes of execution.
If the JD continues to wilfully default despite having means to pay, further coercive steps may also be sought before the court in accordance with law. Whether the JD can again be sent to jail will depend on the nature of the maintenance order, the execution proceedings, the reasons for non-payment and the court's satisfaction regarding wilful default. Please consult your lawyer with the complete case record for specific advice.
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Adv. Kawaljit Singh Bhatia
Adv. Kawaljit Singh Bhatia
Delhi | 25+ Answers
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