• Husband not paying complete interim maibtence

Can I get access to my husband individual bank accounts statement and appointment letter where he is currently employed, based on FIR for 498 A and 406 I filed recently. 
He is currently not even paying the complete interim maintenance amount as well, which the court ordered to do so. Nor submitting the actual bank and his company details which the court orders to submit as affidavit from both the parties in my DV case. Due to delay in legal hearing in last 2 years he is taking Royal advantage from us. He left me with 2 kids for job in other city and last year he changed company and is hiding in some other city, giving false details to the court about his actual whereabouts. He is deeply involved in extra marital affair and is having live in relationship with his ex colleague in Bangalore. He is in senior designation but is not ready to pay for sons college admission or the you get one’s school fees.a distress warrant order is issued by the court but still he is not complying. What other measures can I take ? Should I apply for crpc 125? I’m also too broke currently
Asked 4 years ago in Family Law
Religion: Hindu

11 answers received from multiple lawyers

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11 Answers

You can file execution application if he is not paying the same to you. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Issue legal notice to husband to comply with court orders for payment of interim maintenance 

 

if he fails to pay take out contempt of court proceedings against your husband 

 

in alternative take out execution proceedings for attachment of his bank account

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.

  5. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.

  6. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially which the child is girl custody is given to mother with visiting rights to father. 
  8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

 

Ravi Shinde
Advocate, Hyderabad
5128 Answers
42 Consultations

No, you cannot get any such permission to have an access to his employment details and bank account. If no larger public interest is involved in it, the wife's request may not be entertained.  

If he is not paying the interim maintenance amount and disobeyed the orders of court, then you may have to follow the due process of law to recover the same by requesting court to send an order to his employer to recover the amount from his salary and attach the salary for this purpose. 

For attaching his salary, you may have to provide the details of his current employment.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Dear client,

If the court had ordered for the payment of interim maintenance and submission of bank statements and if your husband had failed to oblige, then it would tantamount to civil contempt under the Contempt of Courts Act. This contempt proceeding could get you access to the said bank statements.  Furthermore, an interim maintenance under DV Act does not preclude a claim under section 125 CrPC and so you can claim interim maintenance under section 125 of CrPC as well. 

Thank You

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

- Since the court has already passed interim maintenance order , then if your husband not complied the same then you can file execution petition before the said court 

- Further, you can move an application before the court for directing him to furnish the details of his income and properties etc. before the court . 

- Further, he is also under obligation to pay the maintenance and education expenses of the child , otherwise you can file a compliant under section 125 CrPc against him. 

- Further , if he is living in extra-marital affairs , then it is a ground for getting divorce. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Until and unless you have substantial evidence to prove that the concerned judicial officer has indulged in corruption,  you cannot make a bald complaint against the judicial officer before the registrar of high court. 

If you cannot prove your allegations you would be subjected to criminal contempt of court charges due to which you may have to face more legal consequences. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

You can file complaint against said judge before administrative judge High court Bombay 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

- If husband has stopped to pay the interim maintenance then you can file as Execution petition before the same court where the case is going on. 

- Further, if you are not satisfied with the Judge , then you can move an application before the district judge for transferring your case to the another court. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client, 

If you are very sure of the bias made by the judge then, you can complain about this to a judicial officer or else, these allegations may land you in contempt of court.

Thank you. 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

Filing compliant to principal judge or High court

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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