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Maintanance not paid for the last two years how to proceed legally


05-Jul-2023 (In Family Law)
i didnot paid maintainance for the last two years so they issued a nbw, now what should i do ... paying amount is compulssory to recall or can i go to appeal for getting a stay.
Answers (4)

Answer #1
785 votes
Dear Sir,

Paying maintenance amount is compulsory. First recall the NBW and pay some arrears of the maintenance amount now and seek some time to pay the rest of the amount to avoid trouble in future.

Answer #2
538 votes
Dear Client,
Engage an expert advocate and file a petition for cancelling Non bailable warrant. If the judge allows you to pay the arrears of maintenance in installments, then you can pay the same in installments and non bailable warrant will be recalled. Other wise you must pay the entire amount immediately. If possible go for appeal.
Answer #3
992 votes
You have to pay the due amount first then apply for recall NBW. Contact your advocate for timely help. What is the maintenance amount? You can approach the High Court to reduce the maintenance amount. (After paying the dues)
Answer #4
779 votes
Hi
In general, when maintenance awarded is not paid, it is treated as contempt and courts are more strict with contempt petition.
If you have genuine reasons for not paying maintenance , then you can always submit the reasons and get the NBW recalled.
Appeal for getting a stay of NBW is possible, but courts will insist on you making full payment of maintenance at the time of recall of NBW.

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