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Medical negligence and non paying maintenance after interim order
01-Feb-2025 (In Divorce Law)
As I mentioned above my husband has refused to maintenance to me. Court has passed interim maintenance 6k in sept,24. After that he stopped coming to court. Now he apples high court for stay order against this order. Although I have already filled execution also but still he went to high court. Hence, I am a patient of glaucoma and brain tumour. He forced me to work and earn myself. He refused to pay maintenance, divorce also. My lawyer also didn’t support me much. He doesn’t give clarity on anything. I am in a trapped. My health didn’t allow me to work bcz I have double vision , glaucoma, brain tumour also. What should I do in this situation. Required genuine help from you all respective authorities.
kindly connect through call or message, I want to know the case details of yours.
How many matters are running in the court and what are the stages of the cases..?
I need to go through all these things thenafter I can provide you the exact steps.
Thanks
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Adv. Divya Kiran
Patna | 50+ Answers
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You have secured and interim maintenance and also filed execution which is good. Execution in itself is adequate but given that your husband has already moved to the Hon' High Court consider putting up your facts and circumstances before the Hon'ble High Court in that case. Probably the Hon'ble High Court would consider your bonafide need and direct your husband to pay the arrears.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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Hello, mostly High Court will dismiss his appeal if the judgment of the Lower Court is well considered judgment and if there is no stay order. He has to pay the total default amount with interest. Please send me the judgment of the Family Court so that I can provide you with a good strategy to get maintenance.
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Adv. Gokul Athithya R P
Delhi | 25+ Answers
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Here are some suggestions:
Enforcement of Interim Maintenance Order:
- Execution Petition: Since the court granted you interim maintenance of six thousand and your husband has defaulted on payments, you can file an execution petition in the same court. This legal action seeks to enforce the maintenance order.
- Court Actions for Non-Compliance: If your husband continues to neglect the court’s order, the court may:
- Issue a Warrant: to recover the due amount.
- Attach Property: Order the attachment of your husband’s property to recover the maintenance dues.
- In cases of willful non-compliance, the court can sentence him to imprisonment for up to one month for each month of default or until the payment is made, whichever is earlier.
Responding to the High Court Stay Application:
- It’s crucial to contest your husband’s application for a stay on the interim maintenance order in the High Court.
Compile all medical records related to your glaucoma, brain tumor, and associated health issues. These documents will substantiate your inability to work and reinforce your claim for maintenance.
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Adv. Y Asenla Pongen
Delhi | 25+ Answers
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Don't worry. Every problem has a solution. Please meet me physically to discuss this issue. It is not possible to provide advice online in a situation like this.
To contact me, you can simply Google me and send a message in LinkedIn/mail.
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Adv. Sabarni Som
Delhi | 25+ Answers
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