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Know about writs in maintenance case and divorce case
17-Jan-2025 (In Divorce Law)
My husband refused to pay maintenance after the court passed the order in fact he went to high court for the stay order . He is not giving divorce as well neither he comes for the hearing for 4 months . He says he jobless and he is in depression. Where I am a cancer and Guicoma patient. I am loosing my eyesights faster than my life. I am forced to live in such mental conditions. My interim order passed for 6k . Can i go for writs in such situation? What should I do ? Please guide . U will be highly obliged to you all.
ma'am in your case writ petition can't be filed. Writ petition is another thing. But yes you can file an execution petition in your case and can claim your maintenance under this petition. Also for details I have to check your case details and papers. feel free to connect for further queries.
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Adv. Divya Kiran
Patna | 50+ Answers
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You can always approach the High Court of your jurisdiction and file a Mandamus before the judge. This writ will direct the concerned court in which your matter was pending to pass the said interim maintenance in your favour.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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On the basis of information provided by you, yes you can file a writ u/A 226 but there may be better alternatives in the form of filling for Enforcement of order of maintenance and/or a Criminal Revision to increase the maintenance etc. You can seek legal assistance/counseling, if required, for a detailed analysis and suggestion in your case.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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In your situation, you can take several legal steps:
File for Execution of the Interim Maintenance Order: Approach the court that passed the maintenance order to enforce its implementation. The court can attach his assets or salary (if applicable) to recover the amount.
Contempt of Court: If your husband is willfully disobeying the court's order, you can file a contempt petition against him. This might compel him to comply.
Writ Petition: If the High Court stay order is causing unreasonable delays, you can explore filing a writ petition under Article 226 of the Constitution for the protection of your fundamental rights, considering your medical and financial condition.
Seek Speedy Disposal: File an application for urgent hearing in the family court due to your medical issues.
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Adv. Rupal Dwivedi
Delhi | 50+ Answers
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Is there any stay against that interim order by High court, if there is no stay against that order, you can file an execution case to get all arrears amount of your maintenance and if your husband didn't appear on that case also, the court can pass attachment order and you will get your maintenance after attachment of your husband account and property.
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Adv. Mohit Rajput
Delhi | 100+ Answers
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