My ex-husband is not paying maintenance ordered by court in Bikaner what can I do

Detailed Legal Analysis

If your ex-husband is not paying the maintenance as ordered by the court in Bikaner, you can take legal action to enforce the court's order. The following steps outline the process you can pursue:

• File an Application for Execution: According to Section 128 of the Code of Criminal Procedure, 1973, you can file an application in the same court that issued the maintenance order. This is to seek enforcement of the order.
• Contempt of Court: If your ex-husband is willfully disobeying the court order, you may file a contempt petition under the Contempt of Courts Act, 1971. This can compel him to comply with the order and may result in penalties.
• Application for Warrants: If the payment is still not made, you can request the court to issue a warrant for his arrest under Section 125(3) of the Criminal Procedure Code. This can compel compliance through legal means.
• Attachment of Salary: You can also request the court to attach your ex-husband’s salary or bank account under Section 60 of the Code of Civil Procedure, 1908. This ensures that a portion of his earnings is directly paid to you for maintenance.
• Filing a Suit for Recovery: If the above measures do not work, you may consider filing a civil suit for recovery of dues in accordance with the provisions of the Specific Relief Act, 1963. This can help you recover the amount owed as maintenance.

It is essential to keep thorough documentation of all communications and payments related to the maintenance order. You may also want to consult with a lawyer specializing in family law to ensure that you are following the correct legal procedures and to receive guidance tailored to your specific situation.

Additionally, under the Protection of Women from Domestic Violence Act, 2005, you have the right to seek maintenance and protection from domestic violence, which may further strengthen your case.

Acting promptly is crucial, as delays could complicate the enforcement process. Make sure to stay informed about your rights and the legal recourses available to you under Indian law.