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Hindu Contempt petition for non payment of maintenance


22-Feb-2023 (In Family Law)
Wife MBA&CA Lecturer filed DV case 2009. Quit job 2011 asked interim maintenance and rent. Granted by trial, sessions and HC. Husband paid sincerely. 2012 wife employed with free accommodation. So stopped paying, filed application requesting court discontinue same as changed circumstances. Wife filed application strikeoff defence of husband for non payment in trial and contempt petition in HC. Strikeoff defence order by session court. Husband filed WP in HC against same. 2014 HC partly allowed with instructions to conclude DV case within 3mths, to pass orders for recovery in conjunction with final order until then no orders regarding same to be made. DV case still on. In Contempt petition HC asked husband to comply with order by clearing pending dues of maintenance and rent till date or proceedings initiated. Wife not come with clean hands. False claims jobless. Husband discontinued maintenance with hope of justice. Question is what approach best to avoid contempt and payment?
Answers (3)

Answer #1
530 votes
for grant of stay.
but earlier proceeding is still continue and you are not paid maintenance regularly, it means that due against you. first you clear entire dues. then therafter proceed. there is provision for non payment/compliance of order for striking off defence. why you are file separate application for restitution of conjugal rights or divorce.
wife have every right to claim of maintenance. whether she is employee or not.
she is employee then you are filed the documents on record to show her employment and monthly salary slip.
where she is working then you can apply under RTI for the reason best known to you.

Answer #2
701 votes
Dear client,
Your case is already sbjudice, so we need details of the case for better legal advice. But in short i suggest you;
1. Pls follow your case on law point.
2. As high court and supreme court judgemnet highly qualified women is not entiled for maintenance.
3. You defend the contemempt petition and contest your case properly you will be definately won the case.
Answer #3
744 votes
Dear Sir,
in your matter will prefer advising you after checking your papers, there will be way out for the same but before reading it cant find clue. as the matter is complicated and going through many courts, cant suggest anything on above mention information.

Best Regards,

Adv. Jyoti Kolhe

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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