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Maintenance fixed but husband not paying and filed mediation


26-Jul-2024 (In Divorce Law)
Hi, Please let me know if interim maintenance is fixed but husband is not paying and he filed for mediation.He will have to pay maintenance during the mediation process as it is just delay tactics as he was absconding since 1 year. Now maintenance is fixed he came to court and filed for mediation. Also recall application.Is it possible to recall a fixed interim maintenance.
Answers (3)

Answer #1
832 votes
As you have told that maintenance orders have been made against your husband under Section 125 CrPC but your husbandYou have not been coming to the court for the last one year and your file has been sent to the Conciliation Center and you want to know whether the expenses for maintenance in medicine can also be covered, then the purpose of mediation is to reach a settlement between both the parties. It has no effect on maintenance norYour husband may avoid paying maintenance, in such a situation you can apply to the court for a recovery warrant under Section 128 CrPC against your husband
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Advocate Rajeev Kumar

Adv. Rajeev Kumar

LawRato Bijnor | 700+ Answers
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Answer #2
945 votes
You can move an application for recovery under section 125(3) CrPC to recover the interim maintenance due. Mediation proceedings does not stop maintenance payments. Recall is rare and depends on specifics of grounds taken.
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Advocate Paritosh Sharan Agrawal

Adv. Paritosh Sharan Agrawal

LawRatoLucknow | 25+ Answers
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Answer #3
831 votes
no interim maintenance not recall only can revisions. now on the ground of mediation you can go to the mediation cell and tell the mediator that you are not interested so plz cancel my mediation. after that you can file 125 3 crpc for recovery of interim maintenance amounts.
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Advocate Satish Bhati

Adv. Satish Bhati

LawRatoGreater Noida | 400+ Answers
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