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Non payment of maintenance even after getting an order from court
01-Sep-2023 (In Family Law)
Hi, this matter is related to The Maintenance and welfare of Senior Citizens and Parents Act 2007. The plaintiff filed an appeal in the court of SDM cum Tribunal for senior citizens. and SDM passed an order of maintenance in 2011, that respondent has to pay 1000 monthly to plaintiff. But respondent never paid a single amount till today. The plaintiff is senior citizen and she didn't appeal about non-payment of maintenance. But later she filed appeal again in SDM Court on May 2018. But SDM didn't pass any order yet. So I just want to know that Could she go to high court or seek directions from high court for action???
She should file contempt petition in the high court if he is not paying and simultaneously appeal against the order of tribunal in the high court for enhancement of maintenance and litigation expenses claim in same
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Adv. Pushpender
Chandigarh | 25+ Answers
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Execution of order can be executed by the same court.. You may move an application for enforcement of order dated ------ passed for maintenance..
It's would be filed in same court, who have passed the orders for more information you may book appointment..
It's would be filed in same court, who have passed the orders for more information you may book appointment..
Helpful?
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Adv. Jagan Nath Bhandari
Chandigarh | 200+ Answers
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Yes she can always go to high court for Comtept proceedings against the order passed by the court of SDM and get appropriate directions.However she alsobhas a remedy to approach SDM first and in case the SDM does not pass any order.She can approach high court with both the orders.
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Adv. Sumeet Grover
Chandigarh | 25+ Answers
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Under what section the appeal is filed before SDM, pls tell the Area / your location of the case.
You can send reminder or can send representative of the the senior citizen in the court of SDM.
Or send your representation to DC once. Unless we can adopt another way.
You can contact for further details.
You can send reminder or can send representative of the the senior citizen in the court of SDM.
Or send your representation to DC once. Unless we can adopt another way.
You can contact for further details.
Helpful?
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Adv. Sunil Kumar Mallan
Chandigarh | 25+ Answers
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No she can not move directly high court
If SDM did not pass any order then she can move to DC .
She can file an application of execution for recovery of maintenance.
If DC also will not consider then she can move to HC
If SDM did not pass any order then she can move to DC .
She can file an application of execution for recovery of maintenance.
If DC also will not consider then she can move to HC
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Adv. Mohit Singla
Chandigarh | 25+ Answers
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