Legal Question in Criminal Law in India

File an execution and attach his property.

Your further clarification is welcome at nominal consultation fee;

KAMAL GROVER,

Advocate (Chandigarh, India)

e-mail: [email protected]

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Yes, file an execution for an attachment of his property

in case you are not getting maintenance from your husband, you need to file a petition before the court. you can either file a complaint under domestic violence act or you can file a complaint under section 125 of criminal procedure code or you can file a petition u/s 18 for claiming the maintenance. even after passing of the order, your husband avoids paying the same, you may resort to the remedies suggested above.

I agree with the above opinion.

tell ur lawyer to initiate a proceeding against ur husband under section 125(3) read with section 128 of the code of criminal procedure. for ur understanding I m quoting the aforesaid provisions

" Section 125(3)- If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the manner provided for levying fines, and may sentence such person, for the whole, or any part of each month's 4[allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be,] remaining unpaid after the execution of the warrant, to imprisonment for a term which may extend to one month or until payment if sooner made:

Provided that no warrant shall be issued for the recovery of any amount due under this section unless application be made to the Court to levy such amount within a period of one year from the date on which it became due:

Provided further that if such person offers to maintain his wife on condition of her living with him, and she refuses to live with him, such Magistrate may consider any grounds of refusal stated by her, and may make an order under this section notwithstanding such offer, if he is satisfied that there is just ground for so doing.

Section 128- Enforcement of order of maintenance.�A copy of the order of 1[maintenance or interim maintenance and expenses of proceeding, as the case may be,] shall be given without payment to the person in whose favour it is made, or to his guardian, if any, or to the person to 2[whom the allowance for the maintenance or the allowance for the interim maintenance and expenses of proceeding, as the case may be,] is to be paid; and such order may be enforced by any Magistrate in any place where the person against whom it is made may be, on such Magistrate being satisfied as to the identity of the parties and the non-payment of the 3[allowance, or as the case may be, expenses, due].

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Execution proceedings may be helpful. If husband failed to pay the amount, he would be sent to jail.

Execute the order of the court