Legal Question in Family Law in India
maintanance
i am living with my 2 1/2 yr old daughter with my parents.court has ordered my husband to pay around 15,000 per month as maintanance for me & my baby resently u/s 9 &24.can my husband despite of court's order denies or save himself lawfully to pay me maintanance?if he do so, what action should i am liable to take within the law?can my husband be arrested if he runs away from his responsibilities?my husband earns more than 90,000/- can i ask for more maintanance acording to his standard of living.15,000 for both of us is not sufficiant as i don't want my parents to be burdened anymore & i m planning to get a separate accomodation nearby my parents house.can my husband liable to pay my rent apart from maintanance?
4 Answers from Attorneys
Re: maintanance
I don't think he will deny maintenance payment.Other things depends on all facts of the case.
Re: maintanance
You can file an application for attachement of his property or salary. For enhancement you have to move to High court. For house rent he is not laible sepretly.
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Re: maintanance
you should file application for recovery of arrearsof amintenance or attachment of his salary or proeprty. however i would suggest you to file petiton under section 125 Crpc. for permanent maintnenance. intermim maintenance is also awarded in that. however under Sec. 24,HMA , there is no provisison of maintenance for the minor children.
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Re: maintanance
Your husband may not be able to avoid his legal responsibility; and if he does, you may initiate appropriate legal steps including his criminal prosecution.
The amount awarded is too much on lower side; you may pursue your remedies for increase of this amount demanding at least fifty percent of his income.
You may also claim residence - cost/rent under D.V.A.
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