Staying at husband house after court ordered monthly maintenance
2 weeks ago
In 2010, a family court ordered monthly maintenance payments from my Father to my Mother. However, he disappeared after retiring from his Govt job and did not make the payments as ordered by the court. A missing complaint was filed and he was finally found in 2021. Unfortunately, he claimed not to know me or my Mother. I obtained the sale deed of the house that he was living in at the time, which was registered under his name, and my Mother filed a recovery case. The court sent notices to his house, but he failed to appear. As he was a government servant who received pension after retirement, the court ordered bank to attach part of his pension to be paid to my mother every month until the pending accumulated monthly maintenance amount of ten years is paid.
Now, she needs to file another recovery case for the amount that has been pending since 2021. However, I recently found out that he has been missing from that house for almost a year. I was wondering if there is any way to get a court order that would allow me and my Mother to live in that house.
Also, How will the notice of the new recovery case be served to my father, who is now missing from the house, What does the court usually do in a case like this where the husband is disappeared ?
You may get specific order from the Court to stay in the house belonging to your father because he is not ready to pay the arrears of maintenance to your mother.
In case of pending maintenance arrears, you can file a civil suit under Section 125 of CrPC to recover the amount. Further, if the husband does not adhere to the execution proceedings, the court can issue a non-bailable arrest warrant in his name. If he fails to pay the maintenance amount, the court may attach his salary or property to recover the amount. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
In case of pending maintenance arrears, you can file a civil suit under Section 125 of CrPC to recover the amount. Further, if the husband does not adhere to the execution proceedings, then the court can issue a non-bailable arrest warrant in his name. If he fails to pay the maintenance amount, the court may attach his salary or property to recover the amount.
Hope it helps.
Thank you.
In November 2020, the Supreme Court of India ruled that deserted wives and their children are entitled to alimony/maintenance from their husbands from the date they apply for it in court. The order or decree of maintenance may be enforced like a decree of a civil court, through the provisions, which are available for enforcing a money recovery suit. The Apex Court also observed that the increasing inflation rates and high costs of living must be considered at the time of deciding the maintenance. Bombay High Court upheld an order that directed a man to pay interim maintenance to his wife and children for necessary expenses despite the fact the wife and children are staying in a matrimonial house. The Court observed that The mere fact that she is residing in the matrimonial home is not a pretext to disentitle her to a reasonable amount of maintenance. Based on these averments of the High Courts, a wife can file a petition before the concerned Court seeking permission to stay in the matrimonial house of the husband till she arranges for another place to reside. Once you file another money recovery suit against your missing husband, a fresh summon will be issued by the court to the current address of the accused defaulter. If the summon is returned undelivered, the court may issue a warrant of arrest against the missing accused and may order for publication of the court summons in the local newspapers for wide circulation. When a person accused of a cognizable offense deliberately evades arrest or does not appear before the trial court despite the issuance of a non-bailable warrant (NBW), the Police may request the concerned Court for issuance of a lookout circular (LOC) to stop the accused from leaving the country to evade trial or arrest. Even after all these steps, the accused remained absent, the case may be heard ex-parte and a decree may be passed directing the pension disbursing authority or the Bank to attach the pension of the defendant' for payment of arrears maintenance to the applicant from the date it becomes due for disbursement. Reach out to an Advocate experienced in maintenance and matrimonial matters for guidance and steps.
I am staying in pagree room
Legal Procedure To Move Out For Adult Female
RCR case
Separation from Sibling on a legal ground
My sister is not giving my share from our parents property
