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not getting maintenance even after getting order for it
17-Aug-2023 (In Recovery Law)
In 2009,maintenance order had passed under hindu marriage act,but didn't get any money.In 2011 I filled recovery for maintenance for 2 years,till now I didn't get a single money. Almost 9 years has been passed,what step I have to take now? Maintenance order passed in 2009, Is it possible to continue that order?
Dear Client,
This is huge delay. Why were you waiting? is any appeal pending before appellate court? if NO -
At the next hearing draw the attention of court towards non compliance of its orders. If the amount is not paid in the manner set forth by the court in its order the court may order a warrant to be issued against your husband and then send him to jail. You may file a execution petition against him under section 125 ( 3 ) crpc before court for maintenance. If he is not making the payment within the time as per order then the court have power to issue arrest warrant against him and send him behind the bar till the payment or one month for every non compliance.
Expert Jurist LLP
This is huge delay. Why were you waiting? is any appeal pending before appellate court? if NO -
At the next hearing draw the attention of court towards non compliance of its orders. If the amount is not paid in the manner set forth by the court in its order the court may order a warrant to be issued against your husband and then send him to jail. You may file a execution petition against him under section 125 ( 3 ) crpc before court for maintenance. If he is not making the payment within the time as per order then the court have power to issue arrest warrant against him and send him behind the bar till the payment or one month for every non compliance.
Expert Jurist LLP
Helpful?
24+
24+
Adv. JV Bhosale
Mumbai | 400+ Answers
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Yes you can execute the order by way of filing execution proceeding. You need to file application for attachment of movable property and if the husband. If this does not worked you can issue warrant for arreste and detention of your husband.
Helpful?
14+
14+
Adv. Ujwal Phasate
Nagpur | 100+ Answers
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