Maintenance is a financial aid that is given by husband to his wife for easement of survival after they get divorce. Maintenance is ordered by court in matters with respect to the different cases. Court orders husband to pay maintenance to his wife after the divorce. Court may issue conditions and certain restrictions while imposing the maintenance order on the husband. And court take such decisions, after keeping all the things in consideration, be it the economic status, or peculiar facts of the cases. However, there could be situations when husband fails to comply with court’s decision of maintaining his wife or children. In such cases, there could be many possible situations and directions given by court to assure that the person abides by the decision.
In a situation where husband fails to comply with the maintenance order and doesn’t perform his duty, the court may pass arrest warrant against the husband in that matter. And in such non compliances, the court may also attach the property of husband in order to recover the amount. There are several alternatives to non payment of maintenance by husband, that the court may order, to make sure of the compliance of it’s order.
There are other available remedies in the court of law. In cases where husband fails to pay maintenance, one may file execution proceedings. When there is no adherence to that, there could be non bailable warrant issued in name of husband. His property could be attached, in order to recover the amount, as and when issued by court. There are situations when one can also initiate criminal prosecution against the husband, when he fails to comply with the court’s order of maintaining his wife. One thing that’s to be taken into consideration is whether the husband had sufficient means to comply with the court’s order or not. If he maliciously disobeys the order of court, he shall be punished as per the rules. It is important to pay arrears of maintenance as per the orders of court. Husband might suffer repercussions if he voluntarily disobeys, even after having sufficient means to dispose of his duty. The primary approach is to make sure one follows what he’s been instructed to do.
Court always decide the quantum of maintenance amount by keeping in mind the necessary situations and criteria. The maintenance amount is decided by keeping in mind factors like:
- Husband’s behaviour towards his wife
- The personal details, including details related to their children
- Necessary details regarding divorce
- In case of separation, details and duration of the same
- Information regarding the financial status of both the parties
- Grounds on which wife’s maintenance claim is based
- Declaration of husband’s income
- Details and conditions of their married life.
After keeping all these things in mind, the court may decide the quantum of maintenance to be paid by husband. And after all this, if he defies the court order voluntarily, he may be subject to accountability.
