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Domestic Violence

Domestic Violance Act

JFCM, INDORE ORDRED TO PAY 20000/- PM . BUT HUSBAND IS NOT PAYING SINCE LAST 30 MONTHS. UNPAID AMT IS 10 LACS. CASE TRANSFER TO JFCM, PALAKKAD. JFCM PASSED EX-PARTY. HOW TO RECOVER AMT. CAN WE INCLUDE IN EX-PARTY ORDER

( Palakkad, Kerala )

1 month ago

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A.
Dear Client,
In this context, be informed that interim maintenance, temporary financial support during legal proceedings, can be granted under Section 23 of the Domestic Violence Act (DV Act), Section 24 of the Hindu Marriage Act (HMA), and Section 125 of the Code of Criminal Procedure (CrPC)(now Section 144 of BNSS) and any person having sufficient means is liable to support his wife and children, provided that she is unable to maintain herself and her children. To enforce maintenance orders, the Court can issue various orders, including attachment of the salary or property of the husband. Non-compliance can also lead to imprisonment, as per Section 125(3) of Cr. PC. The Hon'ble Supreme Court in the case of Rajnesh versus Neha (2021(2) SCC 324) categorically held that "For enforcement/execution of orders of maintenance, it is directed that an order or decree of maintenance may be enforced under Section 28-A of the Hindu Marriage Act, 1955; Section 20(6) of the DV Act; and Section 128 of CrPC and the order of maintenance may be enforced as a money decree of a civil court as per the provisions of the CPC, more particularly as per Sections 51, 55, 58, 60 read with Order 21 of CPC. The aggrieved party can approach the court for the enforcement of an order of maintenance/alimony which may involve legal actions like attachment of property, garnishment of wages, or even imprisonment (depending on the specific case and applicable laws), failing which the aggrieved party can file a petition before the High Court under Article 227 of the Constitution seeking an order for enforcement of order of maintenance/alimony by the trial court in compliance with the provision of relevant law(s)s as stated hereinabove. So, it is advisable to ask your counsel to represent and defend your case suitably before the High Court by adducing substantial evidence that supports your claim to meet the end of justice..
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
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Dear Client,

Yes, you can recover the unpaid maintenance amount even if the case has been transferred and an ex-parte order has been passed.

Since the maintenance order was under Section 125 CrPC, you can file an Execution Petition in the same JFCM (Palakkad), requesting recovery of the arrears.

Thereafter if your husband does not pay the arrears or maintenance then court will issue DW warrant of arrest under Section 125(3) CrPC. Attachment of property of your husband (movable or immovable).
If he is a salaried person then the salary can be attach. If your husband is willfully avoiding Imprisonment up to 1 month for each default.

File the execution case through a lawyer for proper drafting.
Gourab Das Advocate Gourab Das
Gourab Das
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Dear Madam,
There are several modes as prescribed in the statute. Your Advocate has to file application for issuing attachment warrant by giving details of movables of your husband. Alternatively, you may also ask for issuance of warrant for arrest of your husband and provide all details and employers address for attaching your husband's salary.
Kishan Dutt Kalaskar Advocate Kishan Dutt Kalaskar
Kishan Dutt Kalaskar
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