No maintenance after court order

Question

No maintenance after court order

06-Jan-2025 (In Divorce Law)

My husband refused to pay maintenance after court order. Even he stopped coming for the hearing as well. Now he has appeal led in high court for not paying maintenance. Now my question is what will happen after that ? What should I do ? I have already filled execution case against him in the court also. I need money for my treatment but they are refusing it as my treatment is happening in pct hospital. Please suggest. And how will I get divorce also since he refused to give that as well.

Answers (4)

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Adv. Jitender Singh Adv. Jitender Singh

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Advocate Aman Verma LawRato · Accepted Answer · 2025-01-06T19:32:08+05:30

Answer #2

If your husband has refused to pay maintenance despite a court order and has also stopped attending hearings, the execution petition you’ve filed is the correct step to enforce the order. The court can take actions such as attaching his property, garnishing his salary, or issuing a warrant for his arrest if he wilfully disobeys the order. His appeal in the High Court does not automatically stay the maintenance order unless explicitly granted, so your lawyer should oppose any stay request, emphasising the urgency of your medical needs and his deliberate default. Provide detailed medical records and treatment expenses to strengthen your case for immediate enforcement. Regarding divorce, if he refuses to consent, you can file a contested petition on grounds such as cruelty or desertion. Engage a lawyer to expedite both matters and request prioritisation of your financial needs.

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Advocate Bhawani Gupta LawRato · Accepted Answer · 2025-01-07T02:08:20+05:30

Answer #3

Hi. The execution court will get the maintenance order executed. He cannot deny giving maintenance untill and unless there is a stay on the maintenance order from the High Court. I would like to know few questions from you please connect for discussion regarding the same

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Advocate Manashwy Jha LawRato · Accepted Answer · 2025-01-07T23:00:41+05:30

Answer #4

You will have to seek these reliefs in the cases that you have already filed and which are going on. In case if you are in urgent need and you don’t have enough resources, then the same needs to be brought to the notice of the Hon’ble court and pray for urgent reliefs. You will need to push hard to get your reliefs, unless you show urgency before the court, how will they understand your need. The party needs to show its need and urgency before the Court to get relief. Also see if high Coirt has stayed any proceedings or not, executing court should pass orders in your favour.

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Adv. Manashwy Jha Adv. Manashwy Jha

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