Meaning of defaulter
Sir, the Family court decreed the husband to pay interim and final maintenance of 400,000 and husband declared defaulter, is it correct? Neither has applied for divorce, there is case us 498 in the Sessions court going for 3 years where the wife has not appeared even once and warrant has been issued against her and her parents. There is no case of financial fraud or mishandling of funds but the husband has to pay maintenance from his income, if income is wrongly overstated by claimants and the court orders to pay beyond his means declaring the husband as payment defaulter and liable to pay the decreed amount to the state is it the correct interpretation of the term 'defaulter'? In this context I may add the order has been passed ex parte and husband has in the meantime been arrested and recently paid Rs54,000 and been released and is due to pay remaining amount if full or in part shortly. It is understood the Family court's judgement can be challenged in the High court so is it correct the husband is a defaulter and must by any means pay the entire outstanding amount?