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RC issued in maintenance case. Ex parte order 1 st Nov 2025.NO PAYMENT


27-Apr-2026 (In Divorce Law)
Wife and 2 minor kids 6-12 yrs old boys haven't received any payment till date. Permanent maintenance order 1st Nov 25 ex parte order is active.husband just filed recall.but didn't paid anything.RC issued by judge to DM office.what is the procedure now.when he will pay or still play with loopholes in the law and apply delay tactics. How much he can delay now.
Answers (4)

Answer #1
994 votes
As you have told that you have two children and you are having a dispute with your husband, in the context of which you had prepared a case for maintenance against your husband, which has expired and has been decided and the maintenance against him has been stopped but your husband does not want to pay the maintenance and he has given 126(2)CRPC application has been fileYour maintenance case has been decided ex-parte, so file an action 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
778 votes
He should not be able to delay. There are some recourses you can take- Write to the DM mentioning the RC number enquiring and informing about the RC or file an application in the Court that issued the RC, asking for status report .
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Advocate Kashu Shubhamoorty

Adv. Kashu Shubhamoorty

LawRatoDelhi | 25+ Answers
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Answer #3
854 votes
Since the Recovery Certificate (RC) has already been issued to the District Magistrate's office, the recovery process is now in motion. The DM office will initiate proceedings to attach the husband's properties, bank accounts, or salary to recover the maintenance arrears. This process typically takes 2-4 months depending on the efficiency of local administration and whether the husband has disclosed his assets. Regarding the recall application filed by your husband, merely filing it does not stay the maintenance order or absolve him from payment liability. The court rarely stays maintenance orders unless there are exceptional circumstances. You should strongly oppose this recall application by filing your reply, highlighting that he has willfully defaulted despite having means to pay.
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Advocate Himanshu Singh Chauhan

Adv. Himanshu Singh Chauhan

LawRatoLucknow | 25+ Answers
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Answer #4
591 votes
he can't delay much permanent maintenance order passed ex parte order is effective husband just filed recall but did not pay you can file a contempt of court proceeding in the civil court so that your husband stops delay tactics
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Advocate Spiti Sarkar

Adv. Spiti Sarkar

LawRatoGreater Noida | 700+ Answers
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