Husband not paying interim maintenance even after NBW Husband not paying interim maintenance even after NBW

1 year ago

I was granted maintenance under sec 125 crpc for myself and child.Then I filed for recovery under section 125 (3) crpc. Husband didn't pay regularly and there are pending arrears.Recovery warrants,then arrest cum recovery warrants and finally recovery warrant plus NBW were issued.Even the NBW was not executed by police and they have sent it back with report that husband could not be traced despite best efforts.His lawyer came on court date and gave a frivolous application that NBW cannot be issued under sec 125(3).He didn't deposit any amount.The court ordered to file reply to this application which I gave same day. Neither recovery warrant not NBW was reissued on that date and file was posted for hearing. I could not remain present on next date due to ill health.Thus for last two dates neither recovery warrant nor NBW was reissued against husband.My husband is very rich and he has hired a very big lawyer.I appear in person due to financial constraints.Pending arrears amount to what he makes in just one month but he is not paying and enjoying life of luxury.Please let me know what is the next legal step for which I should pray to court on next date.Thanks.

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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Madam,
The judicial system is like that. The judicial mechanism to be reformed and see that its own orders to be implemented its own staff members even if no application is filed by the beneficiary. Your absence for a day may be excused for a day and on next day you may ask the judge to issue FLW that is attachment of your husband’s properties or to issue arrest warrant against him.
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Anik

Responded 1 year ago

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A.Dear client I am sorry to hear that. However if a husband fails to pay maintenance, one may file execution proceedings. When there is no adherence to that, there could be non bailable warrant issued in name of husband. His property could be attached, in order to recover the amount, as and when issued by court. Since your ex husband is not paying you maintenance, you can ask for attachments of his property.
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