Non-payment of maintenance. Non-payment of maintenance.

5 years ago

My grandmother has filed the petition under 'The Maintenance and Welfare of Parents and Senior Citizens Act, 2007' in SDM Court on 7 September 2010. SDM allowed the monthly allowance of 1000 Rs per month and SDM has passed the order of monthly allowance of 1000 rs. and ordered to respondent also to vacate the property of petitioner. SDM passed this order on 25 January 2011. But respondent had never paid any maintenance amount to my grandmother till the date and she's heart patient and unable to go to court so she didn't take any action. But when i came to know this then I filed petition under the CRPC 125 in SDM Court on the behalf of my grandmother in May 2018. But SDM Court isn't doing anything. They just adjourning the case proceedings and SDM didn't pass any single order yet. So Now I want to know that-
1. Can we file contempt of court against my uncle? because he didn't obey the court orders.
2. What should i do now to make the case proceedings fast?
3. I want to send him behind the bars. Because he said he will never pay any maintenance. What should I do?
Please suggest me.

ROBERT D ROZARIO

Responded 5 years ago

A.File an application for execution of the SDM's order. The rest will follow once the order is executed,
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Vidhi Samaadhaan Vidhi Samaadhaan

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client you need to file application for execution of order passed by SDM.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir you should approach SDM for execution order .
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.As per your version SDM order in 2011 with regard to maintenance of Rs.1000/=. you can just file an execution in SDM court and detail out the summary of assets your Uncle to enable the court to attach against maintenance in absence of payment of maintenance.
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