Legal Question in Family Law in India

Divorce and Mentainance

I filed a interim mentainance case u/s 24 against a divorce case filed by my husband. The district court order my husband to give an interim mentainance of Rs.7,200 per month from August 2008. But my husband failed to comply the court order and did not give me anythings although six month has been passed. I asked my lawer to filed an contempt petition, but he told me that contempt case can not be filed but to file an execution case. Now what shall I do and What proper step I can taken ? why I am not entitled to file a contempt of order case? Please help .


Asked on 1/25/09, 11:18 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce and Mentainance

The property remedy is neither contempt nor execution; but a Misc Application seeking to strike off defence of your husband in pursuing his divorce petition.

There should be a prayer for complete halt of the proceedings in the main divorce petition till the maintenance amount is paid.

You may also consider filing a misc application claiming damages under DVA in the pending divorce case.

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Answered on 1/25/09, 12:33 pm
Nandita Haldipur Haldipur Associates

Re: Divorce and Mentainance

you have to file case for execution of teh order

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Answered on 1/27/09, 3:02 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Divorce and Mentainance

You can complaint to the court where your divorce case is going on re non payment of maintenance.

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Answered on 1/26/09, 12:01 am


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