Wife'e Ex-parte permanent maintenance order was recalled

834 votes

Your legal battle presents a deeply frustrating and exhausting situation. You previously secured a permanent maintenance order for yourself and your two minor children, but that order was recalled by the court for a nominal fee, despite your husband owing over a year and a half of arrears amounting to a substantial sum. Now, the husband is deliberately avoiding the court proceedings. He refuses to appear in person and sends only his lawyer, who employs repeated delay tactics to stall the case. The core issue is his refusal to submit his affidavit and bank statements. Because he withholds these essential documents, the judge is unable to pass an interim maintenance order, leaving you and your children financially stranded. You have already fulfilled your responsibility by submitting solid evidence, including his salary slips, your own three-year bank statements, and your affidavit. These documents clearly demonstrate his earning capacity and your financial need. However, the court still expects his formal disclosure to proceed, and he is exploiting this procedural requirement to waste time. He is clearly acting in bad faith, using his non-cooperation to prevent any timely relief from reaching you. Legally, you have strong grounds to challenge this obstruction. Your lawyer should immediately file a formal application highlighting his intentional non-compliance and repeated absences. You must request the court to view his behavior as contempt of court or an intentional hindrance to justice. The court has the inherent power to compel his personal appearance through warrants if he continues to ignore proceedings. Additionally, you can argue that the evidence you have already provided is sufficient to estimate his income, and therefore, the court should grant interim maintenance without waiting for his cooperation. The judge must be made aware of his manipulative strategy. The court is empowered to impose penalties, enforce compliance, and ensure that justice is not delayed by his calculated evasion. You have presented your side completely, and the law is on your side to protect your children's welfare and your basic rights.

Advocate Lalit Saxena LawRato

751 votes

Hello, main Advocate Sudesh Aapke case me agar aapke husband income affidavit jama nahi kar rahe hain aur delay tactics use kar rahe hain toh tension na lein Supreme Court ke rules ke mutabik Judge aapke paas maujood salary slips aur bank statements ke basis par bhi interim maintenance fix kar sakte hain Unke delay karne par unka defence strike-off bhi kiya ja sakta hai 18 lakhs ke arrears recover karne aur aage ki strong legal strategy banane ke liye aap mere sath ek consultation appointment fix karein Ham milkar aapko jaldi relief dilane ke liye court me sahi application file karenge.

Advocate Sudesh Kumar LawRato

549 votes

Since the earlier ex parte permanent maintenance order was recalled only on payment of cost of Rs 5000, the husband is still liable to pay the arrears of 1.5 years amounting to 18 lacs. You can file an Execution Petition for recovery of those arrears. Regarding interim maintenance, even if the husband is not submitting his affidavit and bank statements, the court is not helpless. As you have already filed his salary slips and your bank statements, the judge can decide interim maintenance based on your evidence alone under Section 24 HMA or Section 125 CrPC. His non-appearance and delay tactics can be considered as admission of your claims. Your lawyer should file an application to close husband's evidence and pray for ex parte interim order. Also request the court to draw adverse inference for not filing documents. Courts do not allow such delay tactics in maintenance matters where wife and 2 minor children are involved. Please discuss this strategy with your advocate immediately.

Advocate Shamma Perween LawRato

790 votes

this is under section 125 of crpc recall order of ex parte at the cost of 5000 now husband is no submitting his affidavit and bank statement without paying arrears of 18 years husband is not appearing in the court

Advocate Spiti Sarkar LawRato

820 votes

“No, the Court should not keep the interim maintenance application pending indefinitely merely because the husband is not filing his affidavit or bank statements. If sufficient opportunity has already been given, the Court may close his right to file the documents and decide interim maintenance on the basis of the wife’s salary slips, bank statements, affidavit and other material available on record. The Court may also draw an adverse inference against the husband for withholding his financial details and delaying the proceedings.”

Advocate Pratik Khare LawRato