Working husband refusing to pay maintenance money. What can be done?

102 votes

Your problem does not sound to be so grave, and hence as the first step, we suggest you to go and consult a marriage counsellor, who can help to rebuilt your marriage on healthier terms.

In case this does not work out or you have decided that it is not going to work, the other option is to look for a legal recourse. As both you and your husband do not like each other, you might want to explore the possibility of filing a Mutual Divorce petition where you can seek maintenance and alimony from him.

In case he does not agree to provide you the maintenance on mutual grounds, you may file a petition for Divorce under any of the grounds available under Section 13 of Hindu Marriage Act 1955. In addition, you may seek maintenance from your husband under Section 125 CrPC as well as Section 24 of the HMA during the pendency of your Divorce proceedings.

Section 24 of the Hindu Marriage Act is reproduced below for your understanding:

Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income suf�cient for her or his support and the necessary expenses on the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioner's own income and the income of the respondent, it may seem to the court to be reasonable.

Maintenance may be sought without applying for Divorce as well under Section 125 CrPC.

Kindly contact us for any further details and action.

LawRato LawRato

438 votes

If the husband refuses to pay for several months, you may need to file an execution case. You can also do this if his payment is late for a month or longer. The court can issue a W/A in the execution case if the husband fails to pay the arrears of maintenance.

Advocate Chikirsha Mohanty LawRato