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Maintenance Appeal at Mumbai High Court
26-Mar-2025 (In Divorce Law)
Family Court Bandra has passed final judgement on maintenance & divorce in Jan 2025. My husband has not paid a single penny since case registration in 2018. If I appeal for enhancement will my husband have to deposit 50% in the court or he has to deposit 50% of the arrears only if he appeals for reduction of maintenance?
If you seek enhancement of maintenance, the Court will direct the husband to deposit arrears before hearing him. Also, if your husband files an appeal then he will be required to deposit a substantial amount of arrears. There is no benchmark set by the Court for the same. Feel free to contact me for seeking any legal advice as regards the same.
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Adv. Prerna Shukla
Mumbai | 400+ Answers
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Hello
If appeal is pending in high court and if husband is in arrears of maintenance then HC mostly first asked him to deposit 50% of arrears if not paid single penny till date. You can contact for further detail online consultation
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Adv. Radhika N Chari
Mumbai | 25+ Answers
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It is necessary that you share some more details so that I can assist you further in the matter. A thorough examination of the case at hand will enable me to assist you further in the matter and advise you accordingly.
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Adv. Mikdad Zummerwala
Mumbai | 200+ Answers
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In India, under Section 125 of CrPC, if a maintenance order is passed and the husband has failed to pay, the court can enforce arrears. If the wife appeals for an enhancement of maintenance, the husband is not necessarily required to deposit 50% of the arrears. However, if he appeals for a reduction of maintenance, courts often impose a condition that he must first deposit at least 50% of the arrears before his appeal is considered.
Since the Family Court has already passed a judgment, if he has not complied with the payment, execution proceedings can be initiated against him, leading to possible attachment of assets, salary deductions, or even imprisonment for non-payment.
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Adv. Vaibhavi Muthinty
Dombivli | 25+ Answers
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If you appeal for enhancement, your husband need not deposit 50% unless ordered. If he appeals for reduction, he may have to deposit 50% of arrears. You can also file for execution to recover unpaid maintenance.
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Adv. Mrunmayi Kotawadekar
Mumbai | 25+ Answers
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