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

Detailed Legal Analysis

If your ex-husband is not paying the maintenance ordered by the court in Kannur, you can take several legal steps to enforce the maintenance order. Under Indian law, specifically the Code of Criminal Procedure, 1973 and the Hindu Marriage Act, 1955 (or the relevant personal law applicable), there are provisions to ensure compliance with maintenance orders.

• File a Petition for Execution: You can file a petition in the family court where the maintenance order was issued, seeking execution of the order. This is done under Section 125(3) of the Code of Criminal Procedure, 1973, which allows the court to enforce the order.
• Contempt of Court: You may file a contempt petition against your ex-husband for willfully disobeying the court's order. This is governed by the Contempt of Courts Act, 1971. If the court finds him in contempt, it may impose penalties.
• Application for Recovery: You can also file an application for recovery of the arrears of maintenance. Under Section 128 of the Code of Criminal Procedure, 1973, the amount can be recovered as if it were a fine imposed by the court.
• Seek Help from the Local Police: In cases where the maintenance order is not being complied with, you can approach the local police to assist in enforcing the order. The police can be informed about the non-payment, and they may take action to ensure compliance.
• Attachment of Property: The family court may order the attachment of your ex-husband’s property to recover the dues if he continues to default in payment. This is a serious step and requires a formal application to the court.
• File a Case Under Domestic Violence Act: If applicable, you may file a case under the Protection of Women from Domestic Violence Act, 2005, claiming the maintenance amount if you haven’t done so already. The Act provides for maintenance as part of its provisions.

Ensure you have all necessary documentation ready, including the original maintenance order, proof of non-payment, and any communication you have had with your ex-husband regarding this issue. It’s advisable to consult with a legal professional who specializes in family law to guide you through the process and improve your chances of a successful outcome.