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

Detailed Legal Analysis

If your ex-husband is not paying the maintenance ordered by the court in Varanasi, you can take several legal steps to enforce the maintenance order.

Under Section 125 of the Code of Criminal Procedure, 1973, a wife is entitled to seek maintenance from her husband if she is unable to maintain herself. If the court has already ordered maintenance and your ex-husband is defaulting on payments, you can take the following steps:

• File a Petition for Execution: You can file a petition for the execution of the maintenance order in the same court that passed the order. This can be done under Section 128 of the Code of Criminal Procedure, 1973.
• Contempt of Court: If your ex-husband willfully disobeys the maintenance order, you may file a petition for contempt of court under Section contempt of Courts Act, 1971. This could lead to penalties against him.
• Seek Recovery as Arrears: You can file a suit to recover the arrears of maintenance under Section 125(3) of the Code of Criminal Procedure, 1973, which allows you to claim arrears of maintenance from the date of the order.
• Application for Attachment of Property: You may also file an application for the attachment of your ex-husband's property or bank account to recover the dues.
• Filing a Criminal Complaint: If he fails to comply, you may also consider filing a criminal complaint under Section 498A of the Indian Penal Code, 1860, if there are other relevant issues of cruelty or harassment.
• Legal Aid Services: If you are facing financial constraints, you can seek assistance from the District Legal Services Authority (DLSA) in Varanasi for legal aid and representation.

It is advisable to consult with a lawyer who specializes in family law to ensure that you are taking the correct steps and to assist you in drafting the necessary petitions. Legal representation can significantly improve your chances of successfully enforcing the maintenance order.

In summary, you have multiple avenues to pursue, including filing for execution of the maintenance order, contempt proceedings, and recovery of arrears. Taking prompt action is essential to ensure compliance with the court's order.