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Regarding Non-payment of Full Maintenance Amount Ordered by Court
25-Jun-2025 (In Divorce Law)
My parents were married in the year 2002, and I was born on 16th August 2003. Unfortunately, due to personal differences, their marriage ended in divorce in 2005. The divorce was filed and finalized solely by my father, who subsequently remarried.
As per the court’s directive issued in 2017, my father was legally obligated to pay a monthly maintenance amount of ₹7,000 for my upbringing. However, he has not fulfilled this obligation consistently. Instead, he irregularly pays ₹4,000 to ₹5,000 per
From the facts as narrated by you all that can be understood is that your father has failed to pay the full sum of maintenance for you. Pursuant to the order passed by the Court, your father is obliged to pay the said sum of money in entirety. If he fails to do so then he is in disobedience of order. . Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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As an advocate,
As your advocate, I advise you that your father's inconsistent payment of maintenance, falling short of the court-ordered ₹7,000 per month, constitutes a clear breach of the court's directive. Under Indian law, particularly Section 128 of the Code of Criminal Procedure, 1973 (CrPC), an order for maintenance can be enforced. You can file an execution petition before the Family Court that issued the original maintenance order to seek recovery of the arrears. The court has various coercive powers to ensure compliance, including issuing a warrant for the collection of the unpaid amount, attaching your father's property, or even ordering his imprisonment for willful default. It is crucial to gather all records of payments received to clearly demonstrate the shortfall, and while there is generally a limitation period of 12 months for claiming arrears of maintenance, prompt action is always advisable to ensure the most effective legal recourse.
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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You can file an execution petition in the Family Court under Section 125(3) CrPC to recover unpaid maintenance. The court can attach his salary/property or send him to jail for default. You may also claim interest and seek contempt action for wilful disobedience.
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Adv. Mrunmayi Kotawadekar
Mumbai | 100+ Answers
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Well, you can either file Execution Proceedings to get the Outstanding Arrears of Maintenance or Contempt of Court Case to get Jail Punishment+ Monetary Compensation for not paying you appropriate Maintenance till date, despite Maintenance Order has been passed by the Court!
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Adv. Pankaj Bajaj
Mumbai | 1000+ Answers
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As an advocate,
Your situation, as you've described it, highlights a clear breach of a court order regarding your maintenance. Under Indian law, specifically Section 125 of the Code of Criminal Procedure, 1973, or relevant provisions of personal laws governing your parents' divorce (such as the Hindu Marriage Act, 1955, if applicable), a father is legally obligated to maintain his minor child. The 2017 court directive ordering ₹7,000 monthly maintenance is a binding order. Your father's inconsistent and reduced payments of ₹4,000 to ₹5,000 constitute contempt of court and a violation of your legal right to receive the directed support. You, through your mother or legal guardian, can initiate execution proceedings to enforce the 2017 order and recover the arrears, potentially seeking additional relief for the willful disobedience of the court's directive.
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Adv. Prashant Gupta
Mumbai | 50+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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