Legal Question in Criminal Law in India

Sir.
I filed for maintenance under sec 125.Interim order has already been passed 1 year ago.My hubby works in US.Meanwhile even after filing maintenance i went to US to gave a last try.So i stayed there for one month in my hubby's rented house and he paid the rent.Now in indian court he has asked the judge to include rent as maintenance which was rejected by the court in execution case.He also sent one check to US based NGO which i never receive.I told the NGO to return the check which they did but still he is claiming in indian court that he has given me the check.But i proved it in court that NGO returned the check to him.So the court order him to pay my due.But again in the next execution hearing date he just paid me 25000 but the due was 95000.I am also fighting two cases against him which my retired father is bearing the cost.
1)What can i do as i have proof that my hubby has enough money in his bank but in spite of that he just gave me partial amount to harass me that too after filing execution case?
2)Do i have to keep on filing execution case after every one month if he continued to give me partial amount every month?

Asked on 8/27/09, 12:19 pm

3 Answers from Attorneys

RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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in the execution proceedings, in case he does not pay up the required amount and you know that he has that much money in his bank account or an f.d.r. or any valuable security that can be identified, that valuable security can be attached in execution of your decree/order for maintenance. in case the court has awarded maintenance less than his own living standards, you may ask for enhancement of the same.

Answered on 8/27/09, 12:28 pm

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