Husband not paying maintenance as ordered by court what to do
09-May-2023 (In Family Law)
I got interium maintenance order for me and my kid in 2011,feb.immediately he contested for a revision in high court. Ordered as to pay 50 percent. After that upto October, 2013 he paid that 50percent only. Then he deliberately made the case dismissed for default.. As I came to know the facts I filed for restore and was restored in Nov, 2014. Still he's not paying continuously.. Mean time 50percent order was dismissed in high court. In Nov, 2013. In the family court judge gave a docket order to pay all the arrears according to our arrears petition in June, 2016. On that docket order again he went for a revision by saying that he's jobless, and got order to pay 4000/- only. He's filing his it returns with a gross of 700000/-.recently I got those reruns. Still he's not paying that also. As my kid's health is not good, I put all those also, still I'm not getting justice, could you please let me know how to proceed further to get the total arrears?
Have you fjled the it returns in court or not is the issue. You have not mentioned about the total arrears amount also. As you said that, you files medical records of your son, you will get a orders in your favour.
Dear Client,
Whether you have advocate on record. You must file a petition for enforcement of order for paying maintenance or otherwise that is to say if your husband will not pay arrears of interim maintenance court will detain him in prison. Your advocate must agitate the matter in the court before judge for getting justice by showing yours and your`s kid position. If you do not have advocate engage an advocate and he will agitate for payment of arrears of maintenance. You must file a petition for enforcement of order for payment of interim maintenance otherwise your husband will not pay. Every time you must file a petition for payment of arrears of maintenance.
Whether you have advocate on record. You must file a petition for enforcement of order for paying maintenance or otherwise that is to say if your husband will not pay arrears of interim maintenance court will detain him in prison. Your advocate must agitate the matter in the court before judge for getting justice by showing yours and your`s kid position. If you do not have advocate engage an advocate and he will agitate for payment of arrears of maintenance. You must file a petition for enforcement of order for payment of interim maintenance otherwise your husband will not pay. Every time you must file a petition for payment of arrears of maintenance.
Here you are at liberty to attach the salary of your husband at the first instance. secondly, you have to proceed through revenue recovery act if your husband is having a property. thirdly you can get your husband arrested with which he had to undergo imprisonment. You said you got those returns you are at liberty to file a revision against the order of the high court for the 4000 maintenance and .can prefer revision by filing the IT returns how your husband has cheated the court
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