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

Detailed Legal Analysis

If your ex-husband is not paying the maintenance ordered by the court in Kanpur, you can take legal action to enforce the order under the provisions of the Code of Criminal Procedure, 1973 and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

Here are the steps you can take:

• File a Petition for Enforcement: You can file a petition in the family court that issued the maintenance order, seeking enforcement of the order. This will formally notify the court about the non-compliance.
• Contempt of Court: If your ex-husband continues to ignore the maintenance order, you can file a contempt petition under Section contempt of court. This action can lead to penalties or even imprisonment for non-compliance.
• Execution Proceedings: Under Section 125(3) of the Code of Criminal Procedure, 1973, you may file execution proceedings to recover the arrears of maintenance. The court may issue warrants for the attachment of property or arrest your ex-husband to enforce payment.
• Application for Recovery of Arrears: You can apply for recovery of arrears under Section 20 of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, which allows for recovery of maintenance from the defaulter.
• Seek Legal Aid: If you face financial constraints, you can seek assistance from legal aid services available under the Legal Services Authorities Act, 1987. This can provide you with free legal representation.

When filing any application or petition, ensure you have all relevant documents ready, including:

• The original maintenance order issued by the court.
• Proof of non-payment (bank statements, correspondence, etc.).
• Any prior communications with your ex-husband regarding the maintenance payments.

It is advisable to consult with a family lawyer who specializes in maintenance cases to guide you through the process and represent your interests effectively in court.

Remember, timely action is crucial to ensure that your rights are protected and the maintenance order is enforced.