Legal Question in Family Law in India

my maintanance order u/24 is passed i hv also filed sec125 in which summon proceeding is going on but my husband was avoiding it so fixation orders were issued. \nalso my husband has left the job after the orders and taken out all his money from his banks and provident fund and given that money to his father to deposite in his account.in the past also my husband used to give all his salary to his parents.so he have no moveable & immovable property on his name.his parents have disowned him legally to deprive me of my rights but my husband is still enjoying his life with his parents.\nmy question is if i somehow prove this in court that my in laws have only disowned him so that i may not claim on any of their property for maintanance,can the court consider this fact and find them guilty for frauding in the court?can in execution for maintainance i will be liable to get it from my husband\'s share in the property?\nif he will not pay the maintainance u/24 can i complain this in sec125 & make him arrested?what is the use of sec125 now?\npls reply


Asked on 7/29/09, 1:36 pm

1 Answer from Attorneys
Prabhat Shroff Shroff & Company

Yes, if you can prove that fact, the court will definitely consider this; also, you can file application for proceedings against your husband for his failure to pay the maintenance as per court order.

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Answered on 7/30/09, 2:59 am


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