Husband not paying court-ordered interim maintenance of ₹20,000 per month — how do I enforce the order?
I have filed a divorce case against my husband along with a maintenance claim for our minor son. The Family Court passed an interim maintenance order of ₹25,000 per month in Jan 2026. My husband filed a revision petition at the same court and got it reduced to ₹20,000 in April 2026. He has paid only ₹30,000 in total so far against both orders combined. His argument is that since I am employed, we are not entitled to maintenance, despite the court already ruling in our favour. I have submitted all his income and salary proofs before the court. The next hearing is in December 2026. My advocate has warned that if we push too hard he may file a revision petition in the High Court. Please advise on how to get the order executed and also how to ensure future maintenance increases in proportion to his salary hikes.
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Team Legistro
Official
3 weeks ago
The court has already passed an order in your favour and your husband is in clear violation of it. You have strong legal remedies available and you should not hesitate to use them.
The immediate step is to file an execution petition before the same Family Court that passed the interim maintenance order. In execution proceedings, the court has the power to attach your husband's salary directly from his employer, attach his movable and immovable property, and if necessary direct the sale of attached property to recover the maintenance arrears. The court can also strike out his defence in the main proceedings if he continues to disobey the court order, which would be a significant setback for him. These are powerful tools and the threat of salary attachment alone is often enough to compel compliance.
Regarding your advocate's concern about a High Court revision petition — that is a risk in any litigation but should not deter you from enforcing a lawful court order. You also have the right to independently file a revision petition before the Sessions Court seeking enhancement of the maintenance amount, challenging the reduction from ₹25,000 to ₹20,000.
On the question of future increases linked to his salary, the law permits you to file an enhancement petition before the Family Court whenever his income increases or your expenses grow. You should ensure that his current salary slips, Form 16, and income tax returns are already on record. Each time he receives a salary hike you can bring it to the court's notice and seek a proportionate revision upward. There is no fixed formula but courts generally consider the standard of living, the needs of the child, and the paying capacity of the husband while deciding enhancement applications.
Do not wait — file the execution petition at or before the December hearing and let the court deal with his non-compliance directly.
⚖️ This is general legal information, not legal advice for your specific situation. For personalised advice, consult an advocate directly.
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